A Nelsonville man serving 15 years in prison for rape and kidnapping filed an appeal last week, claiming he was sentenced unlawfully.
Jamie R. Boyd, 29, was convicted of one count of rape and kidnapping after he raped an 18-year-old high school student from Jacksonville, Ohio, in December 2008.
After the woman answered an ad for a newspaper route, Boyd picked her up from her house Dec. 26, claiming that he was going to show her the route. He then took her to his house and raped her, according to a previous Post article.
A jury found Boyd guilty of both charges at a trial in April 2009.
Boyd filed his appeal in the Ohio 4th District Court of Appeals Wednesday claiming that he was unlawfully sentenced because rape and kidnapping are “allied offenses” and he could not have been convicted of both. He also claimed that his sentence of 10 years for the rape and five years for the kidnapping was a violation of the Ohio Revised Code, according to court documents.
Boyd is requesting that the appeals court order the Athens County Court of Common Pleas to resentence him lawfully.
Boyd filed a motion in commonpleas court asking them to “impose a valid sentence” July 15. Boyd claims the same reasons for resentencing in this document as he does in his appeal.
He says that every forcible rape is a kidnapping.
The court denied the motion July 29.
Neither the appeals court nor the state has issued a response to Boyd’s appellate complaint.
ml147009@ohiou.edu
