Opinion
No. 39171
Decided January 20, 1965.
Habeas corpus — Not available, when — Errors which do not entitle petitioner to release — Confinement for several crimes — Validity of only one conviction attacked.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In November 1960, petitioner, Byron R. Ball, was indicted by the Grand Jury of Cuyahoga County and subsequently, while represented by counsel, was tried and convicted by a jury on three counts of armed robbery, one count of abducting for immoral purposes and one count of rape. The sentences on these convictions were made to run consecutively. After his sentence on these convictions, petitioner was held for trial on another indictment returned on February 24, 1961. This second indictment charged two counts of breaking and entering in the night season and two counts of grand larceny. While represented by counsel he was tried and convicted by a jury on this indictment. He was sentenced to the Ohio Penitentiary on this conviction, the sentences on counts one and two to run concurrently and counts three and four to run consecutively with each other and consecutively with counts one and two.
Mr. Byron R. Ball, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
In this action, petitioner is attacking only the validity of his 1961 convictions. Inasmuch as petitioner is still subject to detention under his 1960 convictions habeas corpus does not lie. To entitle one to relief by habeas corpus a determination of the action in petitioner's favor must effectuate a release from present confinement. Page v. Green, Supt., 174 Ohio St. 178; Neal v. Maxwell, Warden, 176 Ohio St. 206; and Lowther v. Maxwell, Warden, 175 Ohio St. 39.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.