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State v. Friedman

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jan 21, 1999
NO. 75579 (Ohio Ct. App. Jan. 21, 1999)

Opinion

NO. 75579

January 21, 1999

JUDGMENT: WRIT DENIED.

For relator: JOHN J. McKENNA, pro se.

For respondent: CARMEN MARINO, Acting Cuyahoga County Prosecutor; DIANE SMILANICK, Assistant.


Relator, John J. McKenna, seeks a writ of mandamus in order to compel the respondent, Judge Carolyn Friedland, to grant preconviction jail time credit in the underlying case of State v. McKenna, Cuyahoga County Court of Common Pleas Case No. CR-365758. The respondent has filed a motion for summary judgment.

Attached to the respondent's motion for summary judgment is a copy of a judgment entry, as journalized on December 21, 1998, which demonstrates that the relator's motion for pre-conviction jail time credit was granted in the amount of sixty-six (66) days. The respondent has fulfilled her duty to grant the relator credit for any pre-conviction incarceration; thus, the relator's request for mandamus is moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278.

Accordingly, we grant the respondent's motion for summary judgment. Costs to respondent.

Writ denied.

ANN DYKE, J., CONCURS

_______________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE


Summaries of

State v. Friedman

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jan 21, 1999
NO. 75579 (Ohio Ct. App. Jan. 21, 1999)
Case details for

State v. Friedman

Case Details

Full title:STATE OF OHIO, ex rel. JOHN J. McKENNA, Relator v. CAROLYN FRIEDMAN, JUDGE…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Jan 21, 1999

Citations

NO. 75579 (Ohio Ct. App. Jan. 21, 1999)