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Durain v. Sheldon

Supreme Court of Ohio
Aug 19, 2009
2009 Ohio 4082 (Ohio 2009)

Opinion

No. 2009-0424.

Submitted August 11, 2009.

Decided August 19, 2009.

APPEAL from the Court of Appeals for Marion County, No. 9-08-64.

Robert Durain, pro se.

Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.


{¶ 1} We affirm the judgment of the court of appeals dismissing the petition for a writ of habeas corpus of appellant, Robert Durain. "If an offender is subject to more than one period of post-release control, the period of post-release control for all of the sentences shall be the period of post-release control that expires last, as determined by the parole board or court. Periods of post-release control shall be served concurrently and shall not be imposed consecutively to each other." R.C. 2967.28(F)(4)(c). In addition, insofar as Durain claims that his sentencing entry violated Crim. R. 32, which would render it nonappealable, his remedy is not immediate release from prison pursuant to a writ of habeas corpus. See Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 10.

Judgment affirmed.

MOYER, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ, concur.


Summaries of

Durain v. Sheldon

Supreme Court of Ohio
Aug 19, 2009
2009 Ohio 4082 (Ohio 2009)
Case details for

Durain v. Sheldon

Case Details

Full title:DURAIN, APPELLANT, v. SHELDON, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Aug 19, 2009

Citations

2009 Ohio 4082 (Ohio 2009)
2009 Ohio 4082
913 N.E.2d 442

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