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Case Law - save on Lexis / WestLaw. [THE STATE EX REL.] NORRIS, APPELLANT, V. BOGGINS, JUDGE, APPELLEE. [Cite as State ex rel. Norris v. Boggins (1997), ___ Ohio St.3d ___.] Mandamus to compel common pleas judge to vacate a nunc pro tunc sentencing entry and discharge relator from custody -- Writ denied, when. (No. 97-223 -- Submitted October 7, 1997 -- Decided November 19, 1997.) APPEAL from the Court of Appeals for Stark County, No. 1997CA00004. Appellant, Robert Lee Norris, filed a complaint in the Court of Appeals for Stark County seeking a writ of mandamus to compel appellee, Stark County Common Pleas Court Judge John Boggins, to vacate a nunc pro tunc sentencing entry and to discharge him from custody. The court of appeals denied the writ. The cause is now before this court upon an appeal as of right. __________________ Robert Lee Norris, pro se. __________________ Per Curiam. Norris asserts that the court of appeals erred by denying the writ. Norris's claim, however, is meritless for the following reasons. First, habeas corpus, rather than mandamus, is the appropriate action for persons claiming entitlement to immediate release from prison. State ex rel. Lemmon v. Ohio Adult Parole Auth. (1997), 78 Ohio St.3d 186, 188, 677 N.E.2d 347, 349. Second, Norris has or had adequate legal remedies by an appeal or petition for postconviction relief to challenge any sentencing error. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 450, 674 N.E.2d 1383, 1383. Based on the foregoing, we affirm the judgment of the court of appeals. Judgment affirmed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. 2 |
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