State ex rel. Sands v. Culotta, 031819 OHCA11, 2018-L-004

Docket Nº:2018-L-004
Opinion Judge:PER CURIAM
Party Name:STATE OF OHIO ex rel. JOSEPH A. SANDS, Relator, v. LAKE COUNTY COMMON PLEAS COURT JUDGE VINCENT A. CULOTTA, et al., Respondents.
Attorney:Charles E. Coulson, Lake County Prosecutor, and Michael L DeLeone, Assistant Prosecutor, (For Respondents). Joseph A. Sands, pro se, PID# A664-601, Marion Correctional Institution, P.O. Box 57, (Relator).
Judge Panel:THOMAS R. WRIGHT, PJ, MATT LYNCH, J, MARY JANE TRAPP, J, concur
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-925

STATE OF OHIO ex rel. JOSEPH A. SANDS, Relator,

v.

LAKE COUNTY COMMON PLEAS COURT JUDGE VINCENT A. CULOTTA, et al., Respondents.

No. 2018-L-004

Court of Appeals of Ohio, Eleventh District, Lake

March 18, 2019

Original Action for Writ of Mandamus.

Charles E. Coulson, Lake County Prosecutor, and Michael L DeLeone, Assistant Prosecutor, (For Respondents).

Joseph A. Sands, pro se, PID# A664-601, Marion Correctional Institution, P.O. Box 57, (Relator).

OPINION

PER CURIAM

{¶1} Before this court is relator, Joseph Sands', January 5, 2018 Original Action Writ of Mandamus. Respondents, Judge Vincent A. Culotta and Lake County Prosecuting Attorney Charles Coulson, have filed a Motion to Dismiss and/or in the Alternative Motion for Summary Judgment, claiming that Sands' petition contains procedural defects and that he has an adequate remedy at law by way of an appeal. For the following reasons, Sands' Original Action Writ of Mandamus, construed as a petition for writ of mandamus, is dismissed.

{¶2} In 2006, Sands was found guilty, following a jury trial in the Lake County Court of Common Pleas, of Engaging in a Pattern of Corrupt Activity, three counts of Conspiracy to Commit Aggravated Murder, and two counts of Conspiracy to Commit Aggravated Arson. He was sentenced to a term of twenty years in prison. State v. Sands, 11th Dist. Lake No. 2007-L-003, 2008-Ohio-6981, ¶ 23. The convictions arose from Sands' plot to murder Painesville Municipal Court Judge Michael Cicconetti and several North Perry officials. Id. at ¶ 6. The convictions and sentence were upheld on appeal.

{¶3} Over the past decade, Sands has filed numerous original actions and appeals seeking to overturn his convictions and sentence. Pertinent to the present matter, Sands filed a motion and subsequent appeal relating to his contention that the trial court's sentence was void since an improper postrelease control advisement was given. This court, on appeal, vacated a portion of his sentence and remanded for a new sentencing hearing to "correct the imposition of postrelease control." State v. Sands, 11th Dist. Lake No. 2015-L-134, 2016-Ohio-7150, ¶...

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