Hughley v. Saunders

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Hughley v. Saunders, Slip Opinion No. 2009-Ohio-5585.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2009-OHIO-5585 HUGHLEY, APPELLANT, v. SAUNDERS, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Hughley v. Saunders, Slip Opinion No. 2009-Ohio-5585.] Habeas corpus Adequate remedy exists for raising claim of sentencing error Court of appeals dismissal of petition affirmed. (No. 2009-1228 Submitted October 20, 2009 Decided October 28, 2009.) APPEAL from the Court of Appeals for Fairfield County, No. 09-CA-18, 2009-Ohio-4912. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of habeas corpus. Hughley had an adequate remedy by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio4476, 894 N.E.2d 49, ¶ 3. Moreover, because he attacks only one of his sentences, he is not entitled to the writ. Where a petitioner is incarcerated for several crimes, the fact that the sentencing court may have lacked jurisdiction to SUPREME COURT OF OHIO sentence him on one of the crimes does not warrant his release in habeas corpus. Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, 884 N.E.2d 1067, ¶ 13, quoting Swiger v. Seidner (1996), 74 Ohio St.3d 685, 687, 660 N.E.2d 1214. Judgment affirmed. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. PFEIFER, J., concurs in judgment only. __________________ Kevin Hughley, pro se. Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee. ______________________ 2

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