THE STATE OF OHIO, APPELLEE, v. TURNER, APPELLANT.
No. 2011-1261
Supreme Court of Ohio
May 23, 2012
132 Ohio St.3d 89, 2012-Ohio-2203
Submitted May 9, 2012
{1} The cause is dismissed as having been improvidently accepted.
O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, CUPP, and MCGEE BROWN, JJ., concur.
LANZINGER, J., dissents.
William Mason, Cuyahoga County Prosecuting Attorney, and Matthew E. Meyer, Assistant Prosecuting Attorney, for appellee.
Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant.
MCGEE, APPELLANT, v. SHELDON, APPELLEE.
No. 2011-2113
Supreme Court of Ohio
May 24, 2012
132 Ohio St.3d 89, 2012-Ohio-2217
Submitted May 9, 2012
Per Curiam.
{1} We affirm the judgment dismissing the petition of appellant, Belvin McGee, for a writ of habeas corpus to compel appellee, North Central Correctional Institution Warden Edward Sheldon, to release him from prison. Habeas corpus is not available to challenge the validity of a charging instrument. Shroyer v. Banks, 123 Ohio St.3d 88, 2009-Ohio-4080, 914 N.E.2d 368, ¶ 1. In addition, McGee‘s May 2008 sentencing entry “sufficiently included language that postrelease control was part of his sentence so as to afford him sufficient notice to raise any claimed errors on appeal rather than by extraordinary writ.” State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 4. The sentencing entry “constituted a final, appealable order, and he had an adequate remedy by way of appeal to raise his claims.” State ex rel. Castro v. Corrigan, 129 Ohio St.3d 342, 2011-Ohio-4059, 952 N.E.2d 497, ¶ 3.
Judgment affirmed.
O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
Belvin McGee, pro se.
Michael DeWine, Attorney General, and Gene D. Park, Assistant Attorney General, for appellee.