[Cite as State ex rel. Smith v. Lewis, 2012-Ohio-4257.]
COURT OF APPEALS
PERRY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
STATE EX REL., : Hon. W. Scott Gwin, P.J.
OREN KEITH SMITH : Hon. William B. Hoffman, J.
: Hon. Sheila G. Farmer, J.
Relator :
:
-vs- : Case No. 2012-CA-9
:
HONORABLE JUDGE LINDON (SIC) :
D. LEWIS : OPINION
Respondent
CHARACTER OF PROCEEDING: Petition for Writs of Prohibition and
Mandamus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: September 14, 2012
APPEARANCES:
For Relator For Respondent
OREN KEITH SMITH, PRO SE JOSEPH A. FLAUTT
#A254706.00 Prosecuting Attorney
Pickaway Correctional Inst.
11781 St. Rt. 762
P.O. Box 209
Orient, OH 43146
[Cite as State ex rel. Smith v. Lewis, 2012-Ohio-4257.]
Gwin, P.J.
{¶1} Relator, Oren Smith, has filed a Petition for writ of prohibition. It appears
Relator is arguing that a writ of prohibition should issue because the trial court’s actions
were void. Respondent has filed a motion to dismiss for failure to state a claim upon
which relief may be granted.
{¶2} “If a lower court patently and unambiguously lacks jurisdiction to proceed
in a cause, prohibition * * * will issue to prevent any future unauthorized exercise of
jurisdiction and to correct the results of prior jurisdictionally unauthorized actions.” State
ex rel. Mayer v. Henson, 97 Ohio St.3d 276, 2002-Ohio-6323, 779 N.E.2d 223, ¶ 12.
{¶3} Relator suggests the acts of convicting and sentencing him were void
because the trial court failed to comply with Crim. R. 3, 5, 7, 10. Relator fails to include
even one fact in his petition to support his contention that the trial court failed to comply
with these rules. He merely makes a conclusory statement.
{¶4} Further, Relator argues the alleged failure of the trial court to comply with
these rules resulted in the trial court’s lack of subject matter jurisdiction over the
underlying case. Relator was charged by a bill of information with one Count of Rape
and three counts of Gross Sexual Imposition.
{¶5} We find the trial court did have subject matter jurisdiction pursuant to R.C.
2931.03 which provides, “The court of common pleas has original jurisdiction of all
crimes and offenses, except in cases of minor offenses the exclusive jurisdiction of
which is vested in courts inferior to the court of common pleas.”
Perry County, Case No. 2012-CA-9 3
{¶6} Because the trial court did have subject matter jurisdiction over the
Relator’s criminal case and because the trial court did not patently and unambiguously
lack jurisdiction, a writ of prohibition will not lie.
{¶7} As to the mandamus claim, the petition fails to state any facts or
allegations in support of the issuance of the writ of mandamus.
{¶8} Respondent’s Motion to Dismiss is granted, and the Petition is dismissed
for failure to state a claim upon which relief may be granted.
By Gwin, P.J.,
Hoffman, J., and
Farmer, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. SHEILA G. FARMER
WSG:clw 0904
[Cite as State ex rel. Smith v. Lewis, 2012-Ohio-4257.]
IN THE COURT OF APPEALS FOR PERRY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE EX REL.,
OREN KEITH SMITH :
:
Relator :
:
:
-vs- : JUDGMENT ENTRY
:
HONORABLE JUDGE LINDON :
(SIC) D. LEWIS :
:
:
Respondents : CASE NO. 2012-CA-9
For the reasons stated in our accompanying Memorandum-Opinion, the Petition is
dismissed for failure to state a claim upon which relief may be granted. Costs to
Relator.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. SHEILA G. FARMER