Hendricks v. Lutz

2015 Ohio 5229

Opinion

COURT OF APPEALS

MUSKINGUM COUNTY, OHIO

FIFTH APPELLATE DISTRICT

CHRISTOPHER HENDRICKS JUDGES:

Hon. William B. Hoffman, P. J.

Petitioner Hon. Sheila G. Farmer, J.

Hon. John W. Wise, J.

-vs-

Case No. CT2015-0032

MATTHEW J. LUTZ, MUSKINGUM COUNTY SHERIFF

Respondent OPINION

CHARACTER OF PROCEEDING: Petition for Writ of Habeas Corpus

JUDGMENT: Dismissed

DATE OF JUDGMENT ENTRY: December 14, 2015

APPEARANCES: For Petitioner For Respondent

GARRY A. SABOL GERALD ANDERSON 1530 Demorest Road ASSISTANT PROSECUTOR Columbus, Ohio 43228 27 North 5th Street, Suite 201 Zanesville, Ohio 43702

Muskingum County, Case No. CT2015-0032 2 Wise, J.

{¶1} Petitioner, Christopher Hendricks, has filed a Petition for Writ of Habeas Corpus alleging his detention is illegal due to an excessive bond.

{¶2} “What bail is or is not reasonable is a question for the exercise of sound discretion by the court. The decision is dependent upon all the facts and circumstances in each individual case. Bland v. Holden (1970), 21 Ohio St.2d 238, 257 N.E.2d 397 [50 O.O.2d 477].” Petition of Gentry, 7 Ohio App.3d 143, 145, 454 N.E.2d 987, 989–90 (1982).

{¶3} Petitioner outlines several reasons in support of lowering his bond including Ohio residency, ties to the community, and employment. Respondent has filed a return arguing the bond is justified in light of the offenses with which Petitioner is charged.

{¶4} We need not reach the issue of whether the trial court abused its discretion in setting the bond in this case because a review of the online docket reveals Petitioner has plead guilty and is awaiting sentencing.

{¶5} After a conviction “‘any error concerning the issue of pretrial bail is moot.’”

State v. Drummond, 111 Ohio St.3d 14, 2006–Ohio–5084, 854 N.E.2d 1038, ¶ 206, quoting State v. Patterson, 110 Ohio App.3d 264, 271, 673 N.E.2d 1001 (10th Dist .1996).

Muskingum County, Case No. CT2015-0032 3

{¶6} Because Petitioner has been convicted, we find the petition is moot. The petition is therefore dismissed.

By: Wise, J. Hoffman, P. J., and Farmer, J., concur.

JWW/d 1120