[Cite as Robinson v. Fender, 2020-Ohio-983.]

IN THE COURT OF APPEALS 

ELEVENTH APPELLATE DISTRICT 

ASHTABULA COUNTY, OHIO 

JACKIE N. ROBINSON, : PER CURIAM OPINION 

 Petitioner, : 

 CASE NO. 2019-A-0084

 - vs - : 

D. FENDER, WARDEN, : 

 Respondent. : 

Original Action for Writ of Habeas Corpus 

Judgment: Petition dismissed. 

Dave Yost, Ohio Attorney General, and Jerri L. Fosnaught, Assistant Attorney General, 

150 East Gay Street, 16th Floor, Columbus, Ohio 43215 (For Petitioner). 

Jackie Robinson, pro se, A554-458, Lake Erie Correctional Institution, 501 Thompson 

Road, P.O. Box 8000, Conneaut, Ohio 44030 (For Respondent). 

PER CURIAM. 

{¶1} Petitioner, Jackie N. Robinson, seeks a writ of habeas corpus compelling 

his immediate release from the Lake Erie Correctional Institution. His petition asserts 

that he is incarcerated pursuant to June 1979 convictions in the Summit County Court of 

Common Pleas and that these convictions are void because: (1) two of the three 

consecutive sentences imposed were unlawfully enhanced; and (2) there was 

impropriety in the bindover that deprived the sentencing court of jurisdiction. 

Respondent, Warden Douglas Fender, moves to dismiss arguing the petition fails to 
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state a claim for relief. 

{¶2} In 1976, petitioner was convicted of burglary, a second-degree felony. 

R.C. 2911.12. He was sentenced to an indefinite prison term of two to fifteen years. 

{¶3} After release from prison petitioner was found guilty of aggravated 

robbery, carrying a concealed weapon, and having a weapon under disability in his 

second Summit County case. In June 1979, he was sentenced to three indefinite prison 

terms consecutive to each other and to his remaining 1976 sentence. 

{¶4} Appellant alleges that because burglary is not an offense of violence, he 

was not subject to, but received, enhanced sentences for carrying a concealed weapon 

and having a weapon under disability and that those sentences are therefore void. 

{¶5} From before his 1976 conviction, when he committed the crimes 

enhanced, and at sentencing in 1979, burglary was deemed an enhancing offense of 

violence. R.C. 2901.01(I); State v. McCain, 48 Ohio Misc. 13, 15, 357 N.E.2d 420 

(C.P.1976). 

{¶6} Given that, petitioner fails to state a claim upon which relief can be 

granted. Civ.R. 12(B)(6). 

{¶7} Petitioner also asserts that the sentencing court lacked jurisdiction to 

proceed with the 1979 criminal case because the bindover procedure was flawed. 

However, this issue is not properly before us because petitioner failed to attach his 

bindover papers to his petition as required. R.C. 2725.04(D). 

{¶8} “[A] habeas petitioner is required to file all pertinent commitment papers 

along with the petition. R.C. 2725.04(D). Attaching only some of the paperwork is 

insufficient. State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr., 95 Ohio St.3d 70, 71 
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(2002). If any of the required commitment papers is not included with the petition, it is 

defective. Id. The Ohio Supreme Court has held that the commitment papers are

necessary for a complete understanding of the petition. Bloss v. Rogers, 65 Ohio St.3d 

145, 146 (1992). Further, the failure to file all commitment papers with the petition 

cannot be cured by subsequent filing. Boyd v. Money, 82 Ohio St.3d 388, 389 (1998). 

“As this court stated in State ex rel. Cruz v. Sloan, 11th Dist. Ashtabula No. 2014-A0032, 2014-Ohio-5180, ¶ 12: ‘Without the full scope of relator's commitment papers, it 

would be impossible for us to fully understand the petition. Due to this defect, the 

petition must be dismissed.’” State ex rel. Menton v. Sloan, 11th Dist. Ashtabula No. 

2017-A-0021, 2017-Ohio-7661, ¶12. When a bindover is at issue, the bindover entry 

must be attached to the petition to satisfy R.C. 2925.04(D). Goudlock v. Voorhies, 119 

Ohio St.3d 398, 2008-Ohio-4787, 894 N.E.2d 682, ¶ 14. 

{¶9} Respondent’s motion to dismiss is granted and the petition is dismissed. 

THOMAS R. WRIGHT, J., MATT LYNCH, J., MARY JANE TRAPP, J., concur.