From Casetext: Smarter Legal Research

State v. Villanueva

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jan 28, 1999
NO. 75645 (Ohio Ct. App. Jan. 28, 1999)

Opinion

NO. 75645

January 28, 1999

JUDGMENT: WRIT DENIED.

For relator TIMOTHY NASH, pro se.

For respondent WILLIAM A. MASON, Cuyahoga County Prosecutor; LISA REITZ WILLIAMSON, Assistant.


Realtor, Timothy Nash, has filed a petition for a writ of mandamus through which he seeks an order from this court requiring the respondent, Judge Jose Villanueva, to correct the amount of jail time credit as originally granted in the underlying cases of State v. Nash, Cuyahoga County Court of Common Pleas Case Nos. CR-341137 and CR-341265. The respondent has filed a motion for summary judgment.

This court will not issue a writ of mandamus in order to correct errors associated with the calculation of jail time credit. Any errors associated with the calculation of jail time credit must be addressed through a direct appeal. State ex rel. Britton v. Judge Foley-Jones (March 5, 1998), Cuyahoga App. No. 73464, unreported; State ex rel. Spates v. Judge Sweeney (April 17, 1997), Cuyahoga App. No. 71986, unreported. Accordingly, the respondent's motion for summary judgment is granted. Costs to relator.

Writ denied.

ANN DYKE, J., CONCURS

_______________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE


Summaries of

State v. Villanueva

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jan 28, 1999
NO. 75645 (Ohio Ct. App. Jan. 28, 1999)
Case details for

State v. Villanueva

Case Details

Full title:STATE OF OHIO, ex rel. TIMOTHY NASH, Relator v. JOSE VILLANUEVA, JUDGE…

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

Date published: Jan 28, 1999

Citations

NO. 75645 (Ohio Ct. App. Jan. 28, 1999)