.]
WRIGHT, APPELLANT, v. MONEY, WARDEN, APPELLEE.
[Cite as Wright v. Money,
1998-Ohio-216
.]
Habeas corpus to compel relator’s immediate release from prison—Petition
dismissed, when.
(No. 98-118—Submitted June 24, 1998—Decided July 29, 1998.)
APPEAL from the Court of Appeals for Marion County, No. 9-97-74.
__________________
{¶ 1} In 1986, the Summit County Court of Common Pleas convicted
appellant, Shawn E. Wright, of aggravated robbery, aggravated burglary, and
felonious assault and sentenced him accordingly.
{¶ 2} In 1997, Wright filed a petition in the Court of Appeals for Marion
County for a writ of habeas corpus to compel his immediate release from prison.
Wright claimed that his conviction was unlawful because it was entered by a
probate judge while sitting in the probate division of the common pleas court.
{¶ 3} The court of appeals sua sponte dismissed the petition.
{¶ 4} This cause is now before the court upon an appeal as of right.
__________________
Shawn E. Wright, pro se.
__________________
Per Curiam.
{¶ 5} We affirm the judgment of the court of appeals for the reasons stated
in its opinion. The documentation attached to Wright’s petition established that he
was convicted and sentenced by the general division of the common pleas court
rather than the probate division. Although his trial court judge might have normally
been a probate division judge, the docket of journal entries indicates his assignment
to preside over the criminal case in the general division. See, e.g., Sup.R. 3(B)(2),
SUPREME COURT OF OHIO
which permits presiding judges of common pleas courts to assign judges of the
court “on a temporary basis to serve in another division of the court as required by
the business of the court.”
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
__________________
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