State ex rel. Myles v. Goering
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus and/or procedendo against the trial court, holding that Appellant's complaint failed to state a claim for relief in mandamus or procedendo and was properly dismissed.
Appellant was found guilty of felony murder and aggravated vehicular homicide and sentenced to an aggregate prison term of twenty years. Appellant later filed a complaint seeking a writ of mandamus and/or procedendo compelling the trial court to enter judgment on each offense for which there was a conviction, namely, felonious assault. The court of appeals dismissed the complaint on the ground that Appellant had not been indicted on a separate charge of felonious assault. The Supreme Court affirmed, holding that the trial court was under no duty to dispose of a felonious assault charge in Defendant's criminal case because no such charge was brought against him.
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