Opinion
No. 2011–1438.
2011-12-22
The STATE ex rel. NELSON, Appellant, v. RUSSO, Judge, Appellee.
Appeal from the Court of Appeals for Cuyahoga County, No. 96706, 2011-Ohio-3698, 2011 WL 3211065.Carl A. Nelson Sr., pro se. William D. Mason, Cuyahoga County Prosecuting Attorney, and James Moss, Assistant Prosecuting Attorney, for appellee.
Appeal from the Court of Appeals for Cuyahoga County, No. 96706, 2011-Ohio-3698, 2011 WL 3211065.Carl A. Nelson Sr., pro se. William D. Mason, Cuyahoga County Prosecuting Attorney, and James Moss, Assistant Prosecuting Attorney, for appellee.
PER CURIAM.
[Ohio St.3d 51] {¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Carl A. Nelson Sr., for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Nancy M. Russo, to correct an alleged clerical error in his sentencing entry so that his sentences for four counts of rape and one count of kidnapping run concurrently rather than consecutively.
{¶ 2} Nelson had an adequate remedy by way of appeal to raise his claim of sentencing error. State ex rel. Gooden v. Teodosio, 128 Ohio St.3d 538, 2011-Ohio-1915, 947 N.E.2d 1206, ¶ 3. And because Nelson has already raised his claim of sentencing error, see State v. Nelson, Cuyahoga App. No. 95420, 2010-Ohio-6032, 2010 WL 5065419, res judicata bars him from using mandamus to relitigate the same issue. See State ex rel. McDonald v. Mitrovich, 113 Ohio St.3d 167, 2007-Ohio-1258, 863 N.E.2d 172, ¶ 8. Nor can Nelson raise any asserted constitutional claim that he could have raised in his prior appeal. Smith v. Voorhies, 119 Ohio St.3d 345, 2008-Ohio-4479, 894 N.E.2d 44, ¶ 11.
Judgment affirmed.