In re Writ of Habeas Corpus for Mallory

In an appeal as of right from a judgment of the court of appeals involving an extraordinary writ, this court will consider the case as if the action originally had been filed here. See State, ex rel. Halloran, v. Zapatony (1984), 15 Ohio St. 3d 73, at fn. 2.

The facts in this case are undisputed'. The appellee was held in the custody of the Sheriff of Cuyahoga County pursuant to the revocation order. That order resulted from the appellee’s conviction on a second charge two years after probation was imposed. The parties differ, *35however, as to whether the trial court was retroactively divested…