State ex rel. Massie v. Rogers

[This opinion has been published in Ohio Official Reports at 

77 Ohio St.3d 449

.]




  THE STATE EX REL. MASSIE, APPELLANT, V. ROGERS, WARDEN, APPELLEE.
              [Cite as State ex rel. Massie v. Rogers, 

1997-Ohio-258

.]
Habeas corpus not proper remedy for reviewing sentencing errors—Habeas
        corpus not available when petitioner has adequate remedy at law by way
        of appeal.
    (No. 96-2186—Submitted January 7, 1997—Decided February 19, 1997.)
       APPEAL from the Court of Appeals for Union County, No. 14-96-25.
                                ____________________
        {¶ 1} In 1993, the Lawrence County Court of Common Pleas convicted
appellant, Barbara Lynn Massie, of sexual battery and sentenced her to an
indeterminate term of three-to-ten years in prison. In 1996, Massie filed a petition
for a writ of habeas corpus in the Court of Appeals for Union County. Massie
claimed that she was entitled to immediate release from prison because the trial
court improperly sentenced her. The court of appeals granted the Civ.R. 12(B)(6)
motion of appellee, Shirley Rogers, Warden of the Ohio Reformatory for Women,
and dismissed Massie’s petition.
        {¶ 2} The cause is now before this court upon an appeal as of right.
                                ____________________
        Barbara Lynn Massie, pro se.
        Betty D. Montgomery, Attorney General, and Lillian B. Earl, Assistant
Attoreny General, for appellee.
                                ____________________
        Per Curiam.
        {¶ 3} Massie contends that the judgment of the court of appeals should be
dismissed because the trial court lacked jurisdiction to enter an indeterminate
sentence on her conviction for sexual battery. But sentencing errors are not
                            SUPREME COURT OF OHIO




jurisdictional and are not cognizable in habeas corpus. Majoros v. Collins (1992),

64 Ohio St.3d 442, 443

, 

596 N.E.2d 1038, 1039

.
       {¶ 4} In addition, although habeas corpus relief may be granted for
nonjurisdictional claims, the petitioner must have no adequate remedy at law. State
ex rel. Pirman v. Money (1993), 

69 Ohio St.3d 591, 593

, 

635 N.E.2d 26, 29

. Appeal
or postconviction relief are remedies at law to review claimed sentencing errors.
Blackburn v. Jago (1988), 

39 Ohio St.3d 139

, 

529 N.E.2d 929, 930

. Since Massie
possessed adequate legal remedies by an appeal or postconviction relief to raise the
alleged sentencing error, the court of appeals properly dismissed the petition.
Thomas v. Collins (1996), 

74 Ohio St.3d 413, 413-414

, 

659 N.E.2d 790, 790-791

.
       {¶ 5} Based on the foregoing, we affirm the judgment of the court of
appeals.
                                                                Judgment affirmed.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                             ____________________




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