[Cite as State ex rel. Shepherd v. Astrab, 2011-Ohio-2938.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION 

No. 96511

STATE OF OHIO EX REL. 

CHARLES SHEPHERD

RELATOR

vs. 

JUDGE MICHAEL ASTRAB

RESPONDENT 

JUDGMENT: 

WRIT DENIED

Writ of Mandamus and/or Writ of Procedendo 

Motion No. 443386 

Order No. 444896 

RELEASE DATE: June 10, 2011 

FOR RELATOR:
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Charles Shepherd, Pro Se 

Inmate #434286 

P.O. Box 57 

Marion, Ohio 43301 

ATTORNEYS FOR RESPONDENT:

William D. Mason 

Cuyahoga County Prosecutor 

By: James E. Moss 

Assistant County Prosecutor 

Justice Center - 8th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 

KENNETH A. ROCCO, J.: 

{¶ 1} Relator, Charles Shepherd, is the defendant in State v. Shepherd, 

Cuyahoga County Court of Common Pleas Case No. CR-427416, which has 
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been assigned to respondent judge.1 Shepherd contends that his sentence is 

void and argues that the court of common pleas did not correctly impose 

postrelease control. The October 4, 2002 sentencing journal states, in part: 

“Post release control is part of this prison sentence for the maximum period 

allowed for the above felony (s) under R.C. 2967.28.” He requests that this 

court issue a writ of mandamus and/or procedendo compelling respondent to 

resentence him and journalize “a valid final appealable order.” Complaint, 

Ad Damnum Clause. 

{¶ 2} Respondent has filed a motion for summary judgment and argues 

that Shepherd had an adequate remedy in the ordinary course of the law by 

way of appeal. We agree. 

{¶ 3} In State ex rel. Castro v. Corrigan, Cuyahoga App. No. 96488, 

2011-Ohio-1701, the relator filed a complaint for a writ of mandamus and/or 

procedendo. Castro requested that this court compel the respondent judge to 

conduct a resentencing hearing and issue a final, appealable order that 

properly includes postrelease control. Castro’s sentencing entry included the 

same language regarding the imposition of postrelease control for “the 

 1

The original respondent was visiting Judge William J. Coyne, who was substituting for 

former-judge Bridget McCafferty. In a prior entry, we recognized that Judge Michael Astrab 

succeeded her in office and instructed the clerk to substitute Judge Michael Astrab for Judge 

William J. Coyne as the respondent and to change the caption accordingly. See Civ.R. 25(D). 
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maximum period allowed” as appeared in Shepherd’s sentencing entry. See 

Castro, ¶5. 

{¶ 4} “Finally, this court cannot issue a writ of mandamus and/or 

procedendo since Castro possesses or possessed an adequate remedy at law 

through a direct appeal of his sentence to raise the claim that he did not 

receive proper notification about postrelease control. The Ohio Supreme 

Court has established that a sentencing entry, which includes language that 

postrelease control is part of the sentence, provides sufficient notice to raise 

any claimed errors on appeal rather than by extraordinary writ. State ex rel. 

Tucker v. Forchione, Slip Opinion No.2010–Ohio–6291. See, also, State ex 

rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St .3d 402, 

2010–Ohio–1808, 928 N.E.2d 722; Patterson v. Ohio Adult Parole Auth., 120 

Ohio St.3d 311, 2008–Ohio–6147, 898 N.E.2d 950; Watkins v. Collins, 111 

Ohio St.3d 425, 2006–Ohio–5082, 857 N.E.2d 78.” Castro, ¶4. 

{¶ 5} Likewise, Shepherd had sufficient notice that postrelease control 

was part of his sentence to raise any purported errors during his direct 

appeal. As this court held in Castro, the controlling decisions of the Supreme 

Court of Ohio require that we deny Shepherd’s request for relief in 

mandamus and/or procedendo. 

{¶ 6} Accordingly, we grant respondent’s motion for summary 
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judgment. 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). Relator to 

pay costs. 

Writ denied.

______________________________________ 

KENNETH A. ROCCO, JUDGE 

MELODY J. STEWART, P.J., and 

MARY J. BOYLE, J., CONCUR