Lopez v. Russell, Unpublished Decision (10-14-2002)

OPINION

VALEN, J.

{¶ 2} Petitioner-appellant, Miguel Steven Virruella Lopez, appeals the dismissal of his petition for a writ of habeas corpus. In a single assignment of error, appellant claims the trial court abused its discretion in dismissing his petition.

{¶ 3} Appellant essentially argues that the trial court lacked jurisdiction to sentence him on a conspiracy charge because the indictment failed to include an allegation that appellant committed an overt act in support of the conspiracy.

{¶ 4} Appellant's assignment is without merit. A claim that challenges the validity or sufficiency of an…