The Athens County Court of Common Pleas yesterday dismissed the appeal of a convicted rapist who claims he was unlawfully sentenced.
Jamie Boyd, 29, was convicted of rape and kidnapping in 2009 after he picked up an 18-year-old Jacksonville woman. Boyd claimed he was going to show her a newspaper route before he took the woman to his house and raped her.
Boyd filed an appeal this past Wednesday claiming his 10-year sentence for rape and five-year sentence for kidnapping were unlawful. Boyd claims that rape and kidnapping are allied actions and he could not be convicted of both, according to the Ohio Revised Code.
He requested his case be sent back to the Common Pleas for resentencing.
Judge Michael Ward filed a motion yesterday dismissing Boyd’s appeal stating the original sentence was lawful and that his claims were incorrect.
Ward’s motion states Boyd failed to state a claim upon which relief can be granted. Boyd’s argument lacked material for a factual dispute, and he was sentenced within the restrictions of the law, according to court documents.
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