From Casetext: Smarter Legal Research

State v. Russo

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Mar 1, 2001
No. 79075 (Ohio Ct. App. Mar. 1, 2001)

Opinion

No. 79075.

Decided March 1, 2001.

CHARACTER OF PROCEEDING WRIT OF MANDAMUS, (Motion No. 25463)

SHERMAN SHERRILLS, pro se, #357-318, Marion, Ohio, for relator

WILLIAM D. MASON, Cuyahoga County Prosecutor, L. CHRISTOPHER FREY, Assistant Cleveland, Ohio, for respondent


JOURNAL ENTRY and OPINION


Relator, Sherman Sherrills, has filed a complaint for a writ of mandamus. The relator seeks an order from this court which would require the respondent, Judge Nancy M. Russo, to correct the amount of jail time credit as granted in the underlying case of State v. Sherman Sherrills, Cuyahoga County Court of Common Pleas Case No. CR-350649. The respondent has filed a motion to dismiss.

This court will not issue an extraordinary writ in order to correct any error associated with the calculation of jail time credit. Error associated with the calculation of jail time credit must be addressed through an appeal. State ex rel. Britton v. Judge Foley-Jones (Mar. 5, 1998), Cuyahoga App. No. 73646, unreported. State ex rel. Spates v. Judge Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986, unreported.

Accordingly, we grant the respondent's motion to dismiss. Clerk to serve notice of this judgment to all parties as provided in Civ.R. 58(B). Costs to relator.

Complaint dismissed.

FRANK D. CELEBREZZE, JR., J. CONCURS COLLEEN CONWAY COONEY, J. CONCURS


Summaries of

State v. Russo

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Mar 1, 2001
No. 79075 (Ohio Ct. App. Mar. 1, 2001)
Case details for

State v. Russo

Case Details

Full title:STATE OF OHIO ex rel. SHERMAN SHERRILLS, Relator v. NANCY MARGARET RUSSO…

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

Date published: Mar 1, 2001

Citations

No. 79075 (Ohio Ct. App. Mar. 1, 2001)