COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 70008
STATE OF OHIO                   :
                                :
        Plaintiff-appellee      :
                                :      JOURNAL ENTRY
     -vs-                       :           AND
                                :         OPINION
CYRUS E. WILSON                 :
                                :
        Defendant-appellant     :
                                :
DATE OF ANNOUNCEMENT            :          AUGUST 29, 1996
  OF DECISION                   :                         
CHARACTER OF PROCEEDING         :    Criminal appeal from
                                     Court of Common Pleas
                                :    Case No. CR-305304
JUDGMENT                        :    REVERSED AND REMANDED
DATE OF JOURNALIZATION          :                        
APPEARANCES:
For plaintiff-appellee:            For defendant-appellant:
EDWARD F. FERAN                    JOHN DOLATOWSKI, ESQ.
Assistant County Prosecutor        East Brunswick Professional
Justice Center-8th Fl.                Bldg.
1200 Ontario Street                3864 Center Road, #A9
Cleveland, OH 44113                Brunswick, OH 44212
                               - 2 -
PATTON, J.
     Petitioner Cyrus Wilson  pleaded guilty to  one count of  drug
abuse.   He did not appeal.  Petitioner  later filed a petition for
postconviction relief in which he claimed defense counsel failed to
provide him with effective representation.  The common pleas  court
dismissed  the  petition  without  making   findings  of  fact  and
conclusions of law.
     The first assignment  of error relating to the court's failure
to make findings of fact and  conclusions of law is sustained.  The
court has a  mandatory duty to make  such findings if it  dismisses
the petition.  See R.C. 2953.21(C); State v. Lester (1975), 41 Ohio
St.2d 51, paragraph two  of the syllabus; State v.  Riggins (1993),
91 Ohio  App.3d 350.   Because  the trial  court did  not make  the
required findings of  fact and conclusions  of law, we must  remand
for further proceedings.
     Judgment reversed and remanded.
                               - 3 -
     This cause is  reversed and  remanded to the  lower court  for
further proceedings consistent with this opinion.  
     It is, therefore,  considered that  said appellant recover  of
said appellee his costs herein.  
     It is ordered that a special mandate be sent to said  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.  
LEO M. SPELLACY, C.J.        
DAVID T. MATIA, .J.    CONCUR  
   JUDGE 
                                              JOHN T. PATTON 
N.B.  This  entry is made  pursuant to the  third sentence of  Rule
22(D), Ohio Rules  of Appellate  Procedure.  This  is an  announce-
ment  of decision  (see Rule  26).   Ten  (10) days  from  the date
hereof, this document  will be stamped to  indicate journalization,
.