McAllister v. Smith

{¶ 1} This is an appeal from a judgment dismissing a petition for a writ of habeas corpus. Because habeas corpus is not a proper action to raise a claimed violation of Crim.R. 32(C), we affirm.

{¶ 2} Appellant, John McAllister, entered a plea of guilty to felony charges of theft of a motor vehicle and escape, and the Harrison County Court of Common Pleas accepted his plea. By judgment entry journalized in June 2007, the common pleas court sentenced McAllister to an aggregate prison sentence of 18 months. McAllister appealed the court’s sentence but subsequently withdrew his appeal.

{¶ 3} In…