[Cite as State ex rel. Martin v. Synenberg, 2011-Ohio-6482.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97182
STATE OF OHIO, EX REL.
TRAMAINE E. MARTIN
RELATOR
vs.
HON. JUDGE JOAN C. SYNENBERG
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 447733
Order No. 450049
RELEASE DATE: December 13, 2011
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FOR RELATOR
Tramaine E. Martin
Inmate #584-538
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
COLLEEN CONWAY COONEY, J.:
{¶ 1} On August 19, 2011, the relator, Tramaine Martin, commenced this
procedendo action against the respondent, Judge Joan Synenberg, to compel the judge to
rule on a motion to vacate postrelease control sanctions which he filed on January 25,
2011, in the underlying case, State v. Martin, Cuyahoga County Common Pleas Court
Case No. CR-468883. On September 14, 2011, the respondent moved for summary
judgment on the grounds of mootness. Attached to the dispositive motion was a
certified copy of a September 13, 2011 journal entry which granted the subject motion in
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part and denied it in part. The judge ruled that to the extent that the sentence did not
include the statutorily mandated terms of postrelease control, that part of the sentence is
void; the rest of Martin’s sentence remains valid. Martin did not oppose the
respondent’s motion. This establishes that Martin has received his requested relief, a
resolution of the subject motion. Thus, this action is moot.
{¶ 2} Accordingly, the court grants the respondent’s motion for summary
judgment and denies the application for a writ of procedendo. Costs assessed against the
respondent. The clerk is directed to serve upon the parties notice of this judgment and
its date of entry upon the journal. Civ.R. 58(B).
___________________________________________________
COLLEEN CONWAY COONEY, PRESIDING JUDGE
SEAN C. GALLAGHER, J., and
KATHLEEN ANN KEOUGH, J., CONCUR