State v. Hayden

Citations

• 2021 Ohio 1604

Syllabus

Appellant's \motion to enforce sentence\ was denied by the trial court. Appellant argues that he has served his entire sentence for a rape conviction, yet he remains incarcerated he therefore contends that he is entitled to release from prison. The proper method by which to raise this argument was for appellant to file a petition for a writ of habeas corpus in the judicial district in which he is incarcerated. R.C. 2725.03. Appellant is not currently incarcerated in a correctional institution in Montgomery County or the Second Appellate District. Therefore, even if we were to construe appellant's motion to enforce sentence as a properly filed petition for a writ of habeas corpus, neither this court nor the trial court would have jurisdiction to address the merits of the petition. Judgment affirmed.