[Cite as State ex rel. Baker v. Stucki, 2015-Ohio-4952.]

IN THE COURT OF APPEALS FOR HOLMES COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO EX REL., : JUDGES: 

JESSE JAMES BAKER : 

 : Hon. Sheila G. Farmer, P.J. 

 Relator : Hon. John W. Wise, J. 

 : Hon. Patricia A. Delaney, J. 

-vs- : 

 : CASE NO. 15CA003 

JUDGE DAVID E. STUCKI : 

HOLMES COUNTY COURT OF : 

COMMON PLEAS : 

 : OPINION 

 Respondent : 

CHARACTER OF PROCEEDING: COMPLAINT FOR WRIT OF 

 MANDAMUS/PROCEDENDO 

 

JUDGMENT: 

DATE OF JUDGMENT ENTRY: November 23, 2015 

APPEARANCES: 

For Appellant: For Appellee: 

 

Jesse James Baker, Pro Se Sean M. Warner (#0075110) 

P.O. Box 8107 Assistant Prosecuting Attorney 

Mansfield, Ohio 44901 Steve Knowling (#0030974) 

 Prosecuting Attorney 

 164 E. Jackson Street 

 Millersburg, Ohio 44654 
Holmes County, Case No. 15CA003 2 

 

Delaney, J. 

{¶1} Relator, Jesse James Baker has filed a Complaint for Writ of 

Mandamus/Procedendo requesting this Court order Respondent to waive court 

costs in Holmes County Case Number 15CA003. Respondent has filed an 

answer requesting dismissal of the complaint for failure to state a claim upon 

which relief may be granted. 

{¶2} To be entitled to the issuance of a writ of mandamus, the Relator 

must demonstrate: (1) a clear legal right to the relief prayed for; (2) a clear legal 

duty on the respondent's part to perform the act; and, (3) that there exists no 

plain and adequate remedy in the ordinary course of law. State ex rel. Master v. 

Cleveland, 75 Ohio St.3d 23, 26-27, 1996 Ohio 228, 661 N.E.2d 180; State ex 

rel. Harris v. Rhodes (1978), 54 Ohio St.2d 41, 374 N.E.2d 641, citing State ex 

rel.National City Bank v. Bd of Education (1977) 52 Ohio St.2d 81, 369 N.E.2d 

1200. 

{¶3} To be entitled to a writ of procedendo, “a relator must establish a 

clear legal right to require the court to proceed, a clear legal duty on the part of 

the court to proceed, and the lack of an adequate remedy in the ordinary course 

of law.” Miley, supra, at 65, citing State ex rel. Sherrills v. Cuyahoga Cty. Court of 

Common Pleas (1995), 72 Ohio St.3d 461, 462. The Supreme Court has noted, 

“The writ of procedendo is merely an order from a court of superior jurisdiction to 

one of inferior jurisdiction to proceed to judgment. It does not in any case attempt 

to control the inferior court as to what that judgment should be.” State ex rel. 

Davey v. Owen, 133 Ohio St. 96,106, 12 N.E.2d 144, 149 (1937). 
Holmes County, Case No. 15CA003 3 

 

{¶4} Neither writ will issue where an adequate remedy at law exists. 

 {¶5} Relator was charged with a variety of drug offenses in Holmes County 

Common Pleas Case Numbers 10CR103 and 11CR002. When Relator failed to 

appear for sentencing in those cases, he was indicted on two counts of failure to 

appear which was assigned Holmes County Case Number 11CR083. Relator 

pled guilty to the failure to appear counts and subsequently appealed his 

conviction and sentence from that case. We affirmed Relator's conviction and 

sentence. 

 {¶6} It appears the first two cases were concluded after the failure to 

appear case was resolved. As part of the resolution of the first two cases, the 

state agreed to recommend waiving certain costs. Relator was required to 

dismiss his appeal in the failure to appear case as part of the plea agreement. 

 {¶7} The instant complaint arises out of Relator’s belief that the plea 

agreement called for the costs to be waived in all of his cases including the 

failure to appear case. He has attached a partial transcript of the sentencing 

hearing in Case Numbers 10CR103 and 11CR002 in support of his contention. 

Respondent argues the state did not agree to recommend waiving costs in the 

failure to appear case, and Relator misunderstands the terms of the agreement. 

Further, Respondent argues Relator has or had an adequate remedy at law by 

way of filing a motion with the trial court. 

{¶8} The Supreme Court has held that an adequate remedy at law exists 

for a person claiming a plea agreement was breached, “An adequate legal 

remedy to rectify any alleged breach of plea agreement [exists] by filing a motion 
Holmes County, Case No. 15CA003 4 

 

with the sentencing court to either withdraw his previous guilty plea pursuant to 

Crim.R. 32.1 or specifically enforce the agreement.” State ex rel. Seikbert v. 

Wilkinson (1994), 69 Ohio St.3d 489, 491, 633 N.E.2d 1128. 

{¶9} Because the essence of Relator’s claim is that his plea agreement 

was breached, an adequate remedy at law exists precluding the issuance of the 

requested writs. The instant complaint is dismissed for failure to state a claim 

upon which relief may be granted. Therefore, Relator's Motion for Summary 

Judgment is also denied. 

Delaney, J. 

By: Delaney, .J. 

 Farmer, P.J. and 

 Wise, J. concur 
[Cite as State ex rel. Baker v. Stucki, 2015-Ohio-4952.]