[Cite as Hendricks v. Lutz, 2015-Ohio-5229.]
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