COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80425
STATE OF OHIO EX REL.         :
WILLIE RICHARDSON             : PETITION FOR WRIT OF HABEAS CORPUS
                              :
     PETITIONER               : MOTION NO. 33191
                              :
v.                            : JOURNAL ENTRY AND OPINION
                              :
DEBRA WINSTON, ET AL.         :
                              :
                              :
     RESPONDENTS              :
DATE OF JOURNALIZATION:       November 15, 2001
JUDGMENT:                     WRIT DISMISSED.
APPEARANCES:
For Petitioner:               Willie Richardson, pro se
                              1710 Prospect Avenue
                              Harbor Light Complex
                              Cleveland, OH 44115
For Respondent:               Legal Counsel
                              Harbor Light Complex
                              1710 Prospect Avenue
                              Cleveland, OH 44115
                               -2-
TIMOTHY E. McMONAGLE, P.J.:
     Sua Sponte, we dismiss the petitioner's complaint, as filed on
October 30, 2001, which requests that this court issue a Writ  of
Habeas Corpus against respondent, Debra Winston, Director of  the
Harbor Light Complex.   Mr. Richardson submits that the Court  of
Common Pleas was without jurisdiction because  a proper affidavit
was never filed in the municipal court which is a prerequisite to
the acquiring of  jurisdiction of the action.    Attached to  the
petition is a copy of the indictment and sentencing journal  from
State v. Richardson, Cuyahoga County Common Pleas Court, Case No.
CR-346800.  These documents  indicate  that  the  petitioner  was
indicted for one count of Robbery, in violation of R.C.  2911.02,
and he plead guilty to an amended count of Theft, in violation of
R.C. 2913.02,  and was sentenced to  five years imprisonment.
     A criminal case may be instituted not only by a complaint, but
also by an indictment or by information.  See Crim.R. 3, 4.1, 6, 7.
In this matter, the petitioner was convicted and sentenced upon an
indictment.   Any defect by the alleged failure to file  criminal
complaints is not cognizable in habeas corpus because [petitioner]
was  convicted  and   sentenced  upon  indictments  rather   than
complaints.    Thorton v.  Russell (1998), 82 Ohio St.3d 93,  694
N.E.2d 464,  citing State v.  Wac (1981), 68  Ohio St.2d 84,  428
N.E.2d 428.   See, also, State ex rel. Dozier v. Mack  (1999), 85
Ohio St.3d  368, 708  N.E.2d 712.   Therefore, the  absence of  a
criminal complaint is irrelevant and does not void the petitioner's
conviction.  Furthermore, habeas corpus is not available to  test
                               -3-
the  validity or  sufficiency  of  an indictment  or  an  amended
indictment.  State ex rel. Bragg v. Seidner (2001), 92 Ohio St.3d
87, 748 N.E.2d 532.
     Additionally, the petitioner failed to support his complaint
with an affidavit specifying the details of the claim  as required
by Loc.R. 45(B)(1)(a). State ex rel. Wilson v. Calabrese (Jan. 18,
1996), Cuyahoga App. No. 70077, unreported and State ex rel. Smith
v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported.
     Accordingly, we dismiss this action sua sponte.  Petitioner to
pay costs.
     Writ Dismissed.
                         TIMOTHY E. McMONAGLE, PRESIDING JUDGE
JAMES D. SWEENEY, J. and
FRANK D. CELEBREZZE, J., CONCUR.
 
 
 
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