COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75833
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
JUAN A. MAYS                  :    HABEAS CORPUS
                              :
               Relator        :    MOTION NO. 4545
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
GERALD T. MCFAUL, SHERIFF     :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    MARCH 18, 1999
JUDGMENT                 :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    JUAN A. MAYS, Pro Se
                              No. 366-943
                              Pickaway Corectional Inst.
                              P. O. Box 7010 - S.R. 104
                              Chillicothe, Ohio 45601
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
                               -2-
JAMES M. PORTER, A.J.:
     Petitioner is the defendant in State v. Mays, Cuyahoga County
Court of Common Pleas Case No. CR-329183.  Petitioner pled guilty
to drug abuse and the court of common pleas imposed a sentence of
one year as well as a fine and suspension of petitioner's driver's
license.   Petitioner  complains that  the trial  court erred  by
imposing sentence  in accordance with  Am.Sub.S.B. 2 because  the
offense occurred prior to the effective date of Am.Sub.S.B. 2.
     Respondent has filed a motion to dismiss.  Petitioner has not
filed  a  response.    Respondent  observes  that  petitioner  is
incarcerated outside Cuyahoga County.  It is well-established that
a party  may not  maintain a petition  for habeas  corpus if  the
petition is filed in a county other that in which the petitioner is
incarcerated.  R.C. 2725.03.  See, e.g., State ex rel. Elliott v.
McFaul(Apr. 16, 1998), Cuyahoga App. No. 74020, unreported, at 3.
     Likewise, respondent argues that appeal not habeas corpus is
the proper remedy for purported errors in sentencing.  We  agree.
See Smith v.  Walker (1998), 83 Ohio  St.3d 431, 700 N.E.2d  592,
rehearing denied 84 Ohio St.3d 1429; Childers v. Wingard (1998), 83
Ohio St.3d 427, 700 N.E.2d 588.
     Accordingly,  respondent's   motion  to  dismiss--which   is
unopposed--is granted.  Petitioner to pay costs.
     Writ dismissed.
ANN DYKE, J., CONCURS.
                               -3-
.