201 N.E.2d 786
No. 39020Supreme Court of Ohio.
Decided October 21, 1964.
Habeas corpus — Petitioner also being held on another conviction — Relief denied.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In November 1960, the Grand Jury of Cuyahoga County returned an indictment charging petitioner, Byron R. Ball, with three counts of armed robbery, one count of malicious shooting, one count of abducting for immoral purposes, one count of rape and one count of assault with a dangerous weapon. While represented by counsel, he was tried to and convicted by a jury on all counts except the count of assault with a dangerous weapon. Thereupon, on February 24, 1961, he was sentenced to the Ohio Penitentiary, the sentences to run consecutively.
On February 24, 1961, the Grand Jury of Cuyahoga County returned another indictment charging petitioner with two counts of breaking and entering in the night season and with two counts of grand larceny. After his sentence on the 1960 indictment, the trial court ordered that petitioner be held for trial on this 1961 indictment. Petitioner, while represented by counsel, was tried and found guilty on this indictment. He was sentenced to the Ohio Penitentiary, the sentences on counts one and two to run concurrently, and the sentences on counts three and four to run consecutively with each other and to be served consecutively with the sentences on counts one and two.
Mr. Byron R. Ball, in propria persona.
Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
Per Curiam.
In this action in habeas corpus, petitioner is attacking only his convictions under the November 1960 indictment. It is his contention that he has been denied due process because of a lack of an adequate appellate review.
However, relief by habeas corpus cannot be given, since
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petitioner is still subject to detention under the sentences on the convictions under the 1961 indictment. To entitle one to relief by habeas corpus, the result of such action 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, GRIFFITH, HERBERT and GIBSON, JJ., concur.