STATE, EX REL. FREEMAN, v. COURT OF COMMON PLEAS

Postconviction Remedy Act — Mandamus to compel court to hold hearings — Petition dismissed — Mandamus not available to control judicial discretion.

Per Curiam.

By this action in mandamus, relator seeks to compel respondent, Court of Common Pleas of Hamilton County, to hold hearings on his petitions, filed under the Postconviction Remedy Act, to vacate sentences imposed upon him. The petitions were dismissed by the trial court, without an oral hearing. However, the court made findings of fact and conclusions of law. Respondent has filed a motion to dismiss relator's petition.

Respondent's motion to dismiss is sustained for the reason that mandamus does not lie to control judicial discretion, and for the further reason that relator has an adequate legal remedy by way of appeal from the trial court's decision dismissing the petitions.

Petition dismissed.

O'NEILL, C.J., LEACH, SCHNEIDER, HERBERT, DUNCAN, CORRIGAN and STERN, JJ., concur.

LEACH, J., of the Tenth Appellate District, sitting for MATTHIAS, J.