2000 OHIO 380 - Taylor v. Mitchell

[This opinion has been published in Ohio Official Reports at

88 Ohio St.3d 453

.]




            TAYLOR, APPELLANT, v. MITCHELL, WARDEN, APPELLEE.
                     [Cite as Taylor v. Mitchell,

2000-Ohio-380

.]
Habeas corpus sought to compel prison warden to release relator from prison—
        Dismissal of petition affirmed.
        (No. 99-2069—Submitted April 11, 2000—Decided May 17, 2000.)
     APPEAL from the Court of Appeals for Richland County, No. 99-CA-72.
                                  __________________
        {¶ 1} In June 1991, appellant, Gerald Taylor, abducted a woman at gunpoint
in Bedford Heights, Ohio, and transported her to Cleveland, where he raped her. In
October 1991, a Cuyahoga County jury found him guilty, as charged in the
indictment, of two counts of rape, one count of kidnapping, and one count of
aggravated robbery, with various specifications, and the trial court sentenced
Taylor to an aggregate prison term of twenty-three to fifty years.
        {¶ 2} In September 1999, Taylor filed a petition in the court of appeals for
a writ of habeas corpus. Taylor claimed that his trial court lacked jurisdiction over
his kidnapping and aggravated robbery charges because no criminal complaints
were ever filed charging him with those offenses, and the Bedford Municipal Court
lacked territorial and subject-matter jurisdiction over his rape charges because these
offenses occurred in Cleveland.
        {¶ 3} In October 1999, the court of appeals sua sponte dismissed the
petition.
        {¶ 4} This cause is now before the court upon an appeal as of right.
                                  __________________
        Gerald Taylor, pro se.
        Betty D. Montgomery, Attorney General, and Michele M. Schoeppe,
Assistant Attorney General, for appellee.
                                  SUPREME COURT OF OHIO




                                    __________________
         Per Curiam.
         {¶ 5} We affirm the judgment of the court of appeals. Any defect caused
by the alleged failure to file criminal complaints or the claimed impropriety of the
municipal court’s assumption of jurisdiction over the rape charges is not cognizable
in habeas corpus. Taylor was convicted and sentenced upon an indictment regularly
issued, and the common pleas court had jurisdiction to try, convict, and sentence
him on the charged offenses. See State ex rel. Dozier v. Mack (1999),

85 Ohio St.3d 368, 369

708 N.E.2d 712, 713

; see, also, Simpson v. Maxwell (1964),

1 Ohio St.2d 71

30 O.O.2d 40

203 N.E.2d 324

; Orr v. Mack (1998),

83 Ohio St.3d 429, 430

700 N.E.2d 590, 591

 (“[A]fter a conviction for crimes charged in an
indictment, the judgment binds the defendant for the crime for which he was
convicted.”).1
                                                                           Judgment affirmed.
         MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                                    __________________




1. Taylor waived the additional claims he raises on appeal by failing to raise them in the court of
appeals. Brown v. Leonard (1999),

86 Ohio St.3d 593

716 N.E.2d 183