Summary
holding that " defendant who enters a voluntary plea of guilty while represented by competent counsel waives all nonjurisdictional defects in prior stages of the proceedings"
Summary of this case from State v. HuffmanOpinion
No. 72-45
Decided June 28, 1972.
Habeas corpus — Relief denied, when — Jurisdiction in sentencing court — No allegation plea not voluntary.
IN HABEAS CORPUS.
This is an action in habeas corpus. Petitioner, Ralph Ross, was indicted in April 1969 by the grand jury of Auglaize County for armed robbery. At that time, petitioner being incarcerated in a federal prison, a detainer was placed against him. In May 1971, federal authorities returned him to Auglaize County for trial. On the date set for trial. represented by court-appointed counsel, he pleaded guilty to the lesser included offenses of robbery and assault with a deadly weapon, sentences imposed to run concurrently with his federal sentence, and he was returned to the federal prison. In this habeas corpus complaint, filed on January 18, 1972, petitioner's sole contention is that he was denied a speedy trial.
Mr. Ralph Ross, in propria persona. Mr. H. Michael Moser, prosecuting attorney, for respondent.
Habeas corpus is not available where it appears that the sentencing court had jurisdiction to render the judgment of conviction. Freeman v. Maxwell (1965), 4 Ohio St.2d 4. In this case, petitioner makes no claim of lack of jurisdiction by the respondent court.
Moreover, petitioner does not allege that his guilty plea, entered while he was represented by counsel, was not voluntary. "A defendant who enters a voluntary plea of guilty while represented by competent counsel waives all nonjurisdictional defects in prior stages of the proceedings." Crockett v. Haskins (1966), 372 F.2d 475.
The motion to dismiss the complaint is sustained and the writ is denied.
Writ denied.
O'NEILL, C.J., SCHNEIDER, HERBERT, CORRIGAN, STERN, LEACH and BROWN, JJ., concur.