Patterson v. Ohio Adult Parole Authority, 08-Ca-33 (5-28-2008)

OPINION

{¶ 1} Petitioner, Scott Lee Patterson, has filed a Complaint for Writ of Habeas Corpus requesting the termination of his post-release control pursuant to State v. Bezak (2007), 114 Ohio St.3d 92. Respondent has filed a Motion to Dismiss to which Petitioner has not responded. The motion to dismiss is premised upon the inapplicability of habeas corpus in a criminal case to those who are not physically confined.

{¶ 2} Petitioner was sentenced on April 14, 2003, to a term of incarceration of five years. The trial court's sentencing entry advised Petitioner that a term of post-release…