THE STATE EX REL. MASSIE, APPELLANT, v. ROGERS, WARDEN, APPELLEE.
No. 96-2186
SUPREME COURT OF OHIO
February 19, 1997
77 Ohio St.3d 449 | 1997-Ohio-258
Submitted January 7, 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
{¶ 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
{¶ 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.