Hernandez v. Kelly

{¶ 1} This is an action for a writ of habeas corpus to compel the release of a petitioner who is in prison for violating the terms of postrelease control imposed by the Ohio Adult Parole Authority (“APA”), when he was not notified at his sentencing .hearing that he would be subject to postrelease control and the postrelease control was not incorporated into the trial court’s sentencing entry.

The First Conviction

{¶ 2} In 1998, the Cuyahoga County Court of Common Pleas convicted petitioner, Henry Hernandez, upon a jury verdict finding Hernandez guilty of possession of cocaine in an amount…