The motion to dismiss is sustained and the cause is dismissed.

dissenting. I would not grant bail, but I dissent from the dismissal of this cause because habeas corpus is the proper remedy to establish, if appropriate, post-conviction bail. See, generally, In re DeFronzo (1977), 49 Ohio St. 2d 271, 3 O.O. 3d 408, 361 N.E. 2d 448. I would remand this cause to the court of appeals for a Crim. R. 46 bail determination.