Opinion
No. 105567
04-21-2017
STATE OF OHIO, EX REL. JAVONTE HODGES RELATOR v. CUYAHOGA COUNTY COURT OF COMMON PLEAS RESPONDENT
FOR RELATOR Javonte Hodges, pro se Inmate No. A634-308 Warren Correctional Institution P.O. Box 120 Lebanon, Ohio 45036 ATTORNEY FOR RESPONDENT Michael C. O'Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DISMISSED Writ of Mandamus
Order No. 505897
FOR RELATOR
Javonte Hodges, pro se
Inmate No. A634-308
Warren Correctional Institution
P.O. Box 120
Lebanon, Ohio 45036
ATTORNEY FOR RESPONDENT
Michael C. O'Malley
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113 EILEEN A. GALLAGHER, P.J.:
{¶1} On March 15, 2017, the relator, Javonte Hodges, commenced this mandamus action against the respondent, the Cuyahoga County Court of Common Pleas, to compel the court to rule on a motion to withdraw a guilty plea in the underlying case, State v. Hodges, Cuyahoga C.P. No. CR-12-562692-C. Hodges claims that he filed the subject motion on November 18, 2016, and that the respondent has not yet issued a ruling.
In early December 2012, Hodges pleaded guilty to murder and aggravated robbery, both with three-year firearm specifications, as well as improperly handling firearms in a motor vehicle and having weapons while under disability. Counts for aggravated murder and aggravated robbery were nolled.
{¶2} However, an examination of the underlying case's docket shows that Hodges filed a motion to withdraw guilty plea on March 9, 2016. He argued that the plea was involuntary because he was on mind-altering drugs and because trial counsel did not investigate the case and misled him into believing that he was pleading to involuntary manslaughter. On June 14, 2016, Hodges filed what he styled as a supplemental motion to withdraw guilty plea. This filing reasserted the ineffective assistance of trial counsel and added authority to his argument. The trial court denied the supplemental motion on November 1, 2016. There is no filing listed for November 18, 2016. Therefore, the court concludes that this mandamus action is moot. To the extent that Hodges seeks a ruling on his motion to withdraw, the trial court has fulfilled its duty. To the extent that Hodges wants a ruling for a November 18, 2016 filing, there is nothing to be resolved.
The state of Ohio filed a brief in opposition to Hodges's motion to withdraw on October 21, 2016, and Hodges filed a "contra motion to respondent's motion to dismiss" on November 10, 2016. --------
{¶3} Relator also did not comply with R.C. 2969.25(C), which requires that an inmate file a certified statement from his prison cashier setting forth the balance in his private account for each of the preceding six months. This also is sufficient reason to deny the mandamus, deny indigency status and assess costs against the relator. State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842; and Hazel v. Knab, 130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378 — the defect may not be cured by subsequent filings.
{¶4} Accordingly, this court, sua sponte, dismisses the application for a writ of mandamus. Relator to pay costs. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶5} Writ dismissed. /s/_________
EILEEN A. GALLAGHER, PRESIDING JUDGE MARY EILEEN KILBANE, J., and
LARRY A. JONES, SR., J., CONCUR