COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 69474
CITY OF MAPLE HEIGHTS           :       
                                : 
                                :  
                                :            JOURNAL ENTRY
            Plaintiff-Appellee  :
                                :                  AND
         vs.                    :
                                :                OPINION
MARK A. FIELDS                  :
                                :
                                :
                                :
            Defendant-Appellant :
                                :
DATE OF ANNOUNCEMENT 
OF DECISION:                    OCTOBER 3, 1996 
CHARACTER OF PROCEEDING:        Criminal appeal from Garfield 
                                Heights Municipal Court 
                                Case No. 94-TRC-07231C
JUDGMENT:                       AFFIRMED.  
DATE OF JOURNALIZATION:                                           
APPEARANCES:
For Plaintiff-Appellee:         MICHAEL G. CIARVANIO
                                Maple Heights Prosecutor
                                Municipal Building
                                5353 Lee Road
                                Maple Heights, Ohio  44137
For Defendant-Appellant:        WILLIAM L. SUMMERS
                                28001 Chagrin Boulevard
                                Suite 300
                                Cleveland, Ohio  44122
                              - 2 -
O'DONNELL, J.:
     Mark  A. Fields appeals the judgment of the Garfield Heights
Municipal Court finding him guilty of driving under the influence
of alcohol (DUI) in violation of R.C. 4511.19, a misdemeanor.  
     On October 29,  1994, Maple  Heights police arrested  Fields
for  driving  at  an  excessive  rate  of  speed,  driving  under
suspension, and DUI.   Fields also took a breathalyzer  test, and
because  his blood alcohol  level registered 0.136  and was above
the   legal   limit,   Fields   was   immediately  placed   under
administrative license suspension for one  year, pursuant to R.C.
4511.191.   Police  seized his  license  plates and  vehicle, but
could  not  seize his  license  because  it had  previously  been
suspended.
     On June 27, 1995, the court  sentenced Fields to 180 days in
jail  (170  suspended), $1500  fine  ($1200 suspended),  and also
suspended his driver's license  for one year, but the  court gave
credit for the eight  months it had already been  suspended under
an administrative license suspension.  
     Fields timely appealed his conviction  for driving under the
influence and assigned  double jeopardy as error for  our review.
     Appellant's  assignment   of  error  is  overruled   on  the
authority of State v. Gustafson (1996), 76 Ohio St.3d 425.
     The judgment of the trial court is affirmed.  
                              - 3 -
     It is ordered that appellee(s) recover of appellant(s) costs
herein taxed.  
     The  Court  finds  there were  reasonable  grounds  for this
appeal.   It is ordered that a special  mandate issue out of this
Court  directing the  lower  court to  carry  this judgment  into
execution.     A certified  copy of  this entry  shall constitute
the  mandate  pursuant  to Rule  27  of  the  Rules of  Appellate
Procedure.  
BLACKMON, P.J., and         
NAHRA, J., CONCUR           
                                              JUDGE 
                                         TERRENCE O'DONNELL 
N.B.  This entry is an announcement of the court's decision.  See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27.  This decision will
be journalized  and will  become the  judgment and  order of  the
court   pursuant   to   App.R.   22(E)   unless  a   motion   for
reconsideration with supporting brief, per App.R. 26(A), is filed
within ten (10) days of the announcement of the court's decision.
The time  period for review  by the  Supreme Court of  Ohio shall
begin to run upon the journalization of this court's announcement
.