COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75109
STATE OF OHIO, ex rel.        :
CEASAR VINES                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    HABEAS CORPUS
                              :
     vs.                      :    MOTION NO. 99431
                              :
STEPHANIE TUBBS JONES         :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY PROSECUTOR    :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :    OCTOBER 22, 1998
APPEARANCES:
For relator       :           CAESAR VINES, pro se
                              #202-311
                              Ohio State Reformatory
                              Post Office Box 788
                              Mansfield, Ohio  44901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              ERIKA RITT, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Ceasar Vines, seeks a writ of habeas corpus on  the
grounds that the transcript of his trial, in Cuyahoga County Court
of Common Pleas Case No.  CR-218480, was destroyed in a fire  and
thus unavailable for inspection.  The respondent, Stephanie Tubbs
Jones, Cuyahoga County Prosecutor, has filed a motion to dismiss.
     The  relator  has  failed  to  comply  with  the   mandatory
requirements of R.C. 2725.04(D), which requires that a copy of the
cause of detention be attached to the petition for habeas corpus.
The petition for a writ of habeas corpus is thus fatally defective.
Brown v.  Rogers (1995), 72 Ohio  St.3d 339; Cornell v.  Schotten
(1994), 69 Ohio St.3d 466; Bloss v. Rogers (1992), 65 Ohio  St.3d
145.  In addition, the issue of the destruction of the  relator's
trial transcript is  not jurisdictional in nature as mandated  by
R.C.  2725.05.   Finally, habeas  corpus  may not  be used  as  a
substitute for any appeal.  In re Piazza (1996), 7 Ohio St.2d 102;
Bellman v. Jago (1988), 38 Ohio St.3d 55.
     Accordingly, the respondent's motion to dismiss is  granted.
Costs to relator.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
.