[Cite as State ex rel. West v. McDonnell, 2014-Ohio-3731.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101458
STATE OF OHIO, EX REL.
TODD WEST
RELATOR
vs.
HONORABLE NANCY MCDONNELL
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 477006
Order No. 477722
RELEASE DATE: August 27, 2014
FOR RELATOR
Todd West, pro se
Inmate #A604-897
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant Prosecuting Attorney
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN T. GALLAGHER, J.:
{¶1} On May 29, 2014, the relator, Todd West, commenced this mandamus action
against the respondent, Judge Nancy McDonnell, to compel the judge to resentence him
in the underlying case, State v. West, Cuyahoga C.P. No. CR-11-548609-A, as mandated
by this court in State v. West, 8th Dist. Cuyahoga Nos. 97398 and 97899,
2012-Ohio-6138, which ruled that West’s convictions for cultivating/manufacturing
marijuana and drug trafficking were allied offenses. West had been convicted of both,
and the trial judge had initially sentenced him to consecutive sentences for those offenses.
On July 23, 2014, the respondent judge moved for summary judgment on the grounds of
mootness. Attached to her dispositive motion was a certified copy of a July 8, 2014
journal entry scheduling the resentencing for July 24, 2014. A review of the underlying
case’s docket shows that the trial court resentenced West and merged the two counts, with
the state electing to sentence on the drug trafficking count. West never opposed the
judge’s motion for summary judgment. This action is moot. West has received his
requested relief, a resentencing pursuant to this court’s judgment, and the trial court has
fulfilled its duty to resentence.
{¶2} Accordingly, this court grants the respondent’s motion for summary judgment
and denies the application for a writ of mandamus. Respondent to pay costs; costs
waived. This court directs the clerk of courts to serve all parties notice of this judgment
and its date of entry upon the journal as required by Civ.R. 58(B).
{¶3} Writ denied.
EILEEN T. GALLAGHER, JUDGE
FRANK D. CELEBREZZE, JR., P.J., and
KENNETH A. ROCCO, J., CONCUR