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LeNard v. Russo

Supreme Court of Ohio.
Sep 20, 2012
976 N.E.2d 890 (Ohio 2012)

Opinion

No. 2012–0967.

2012-09-20

LENARD, Appellant, v. RUSSO, Judge, Appellee.


Appeal from the Court of Appeals for Cuyahoga County, No. 98106, 2012-Ohio-2397, 2012 WL 1952669.
Richard Lenard, pro se.

PER CURIAM.

[Ohio St.3d 153]{¶ 1} We affirm the judgment dismissing the petition of appellant, Richard Lenard, for a writ of prohibition to compel appellee, Cuyahoga County Common Pleas Court Judge John J. Russo, to vacate his conviction and sentence for violating a temporary protection order. Judge Russo did not patently and unambiguously lack jurisdiction to convict and sentence Lenard because the court had jurisdiction over the criminal proceeding, including sentencing, seeR.C. 2931.03, and Lenard's plea of guilty to the charge of violating a temporary protection order constituted a complete admission of the charge, Shie v. Leonard, 84 Ohio St.3d 160, 161, 702 N.E.2d 419 (1998), and Crim.R. 11(B)(1). Lenard had an adequate remedy by appeal from his sentencing entry to raise his claim of sentencing error. State ex rel. Hudson v. Sutula, 131 Ohio St.3d 177, 2012-Ohio-554, 962 N.E.2d 798, ¶ 1;State ex rel. Pruitt v. Donnelly, 129 Ohio St.3d 498, 2011-Ohio-4203, 954 N.E.2d 117, ¶ 2.

Judgment affirmed.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.


Summaries of

LeNard v. Russo

Supreme Court of Ohio.
Sep 20, 2012
976 N.E.2d 890 (Ohio 2012)
Case details for

LeNard v. Russo

Case Details

Full title:LENARD, Appellant, v. RUSSO, Judge, Appellee.

Court:Supreme Court of Ohio.

Date published: Sep 20, 2012

Citations

976 N.E.2d 890 (Ohio 2012)
133 Ohio St. 3d 152

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