Gooden v. Bradshaw

2012 Ohio 2013, 132 Ohio St. 3d 45

Opinion

Per Curiam.

Jesse L. Gooden, pro se. Michael DeWine, Attorney General, and Gene D. Park, Assistant Attorney General, for appellee.

{¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Jesse L. Gooden, for a writ of habeas corpus to compel his immediate release from prison. Gooden had an adequate remedy by way of appeal to raise his claim of sentencing error. Roberts v. Knab, 131 Ohio St.3d 60, 2012-Ohio-56, 960 N.E.2d 457, ¶ 1. And as the court of appeals recognized, “[t]he different numbering of the counts in the indictment and verdict forms was neither error nor prejudicial to” Gooden. Gooden v. Bradshaw, 5th Dist. No. 11CA55, 2011Ohio-5300, 2011 WL 4865286, ¶ 3. See State v. Washington, 9th Dist. No. 18199, 1997 WL 775666, *7 (Nov. 26, 1997).

Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.