State ex rel. Pesci v. Lucci

{¶ 1} This is an appeal from a judgment denying a writ of prohibition to vacate a criminal conviction and sentence. Because the true objective of the prohibition claim is to secure the convict’s release from prison, we affirm the denial of the writ.

{¶ 2} In 2001, appellant, James E. Pesci, was convicted of three counts of burglary and sentenced to prison. On appeal, the court of appeals affirmed the judgment of conviction and sentence. State v. Pesci, Lake App. No. 2001-L-026, 2002-Ohio-7131, 2002 WL 31866167. We did not accept Pesci’s discretionary appeal for review. State v. Pesci, 98 Ohio…