COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 70154
STATE OF OHIO, EX REL         :
ALBERT COLA                   :
        Relator               :     PETITION FOR WRIT OF 
                              :        HABEAS CORPUS
     -vs-                     : 
                              :
SHERIFF GERALD T. MCFAUL      :
SHERIFF OF CUYAHOGA COUNTY    : 
                              :
      and                     :
                              :
JUDGE PATRICIA J. CLEARY      :
                              :
        Respondents           :
DATE OF ANNOUNCEMENT          :       
  OF DECISION                 :     FEBRUARY 7, 1996        
JUDGMENT                      :    PETITION AND RELIEF GRANTED.
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relator:                  For respondent:
Phillip A. Lawrence, Esq.     Stephanie Tubbs Jones
26 S. Franklin Street         Cuyahoga County Prosecutor
P.O. Box 226                  The Justice Center
Chagrin Falls, Ohio  44022    1200 Ontario Street
                              Cleveland, Ohio  44113
                               - 2 -
     In his petition for habeas corpus  Albert Cola alleges that he
is president of a corporation which  operates a bar which employees
go-go dancers.   On March 5, 1995,  the police arrested one  of the
dancers.  When it was discovered  that the dancer was sixteen years
old, Mr. Cola was indicted on December 5, 1995,  for violating R.C.
2907.323,  "Illegal  use of  minor  in nudity-oriented  material or
performance", a  second degree  felony.   State of  Ohio v.  Albert
Cola, Cuyahoga County Common Pleas Court Case No. Cr. 331023. 
     Several days later at his  arraignment he pleaded not  guilty,
and he promptly posted the $2,500.00 surety bond.  Next, he asserts
that he did not receive notice of a pre-trial hearing scheduled for
January 9,  1996.  On January 16, 1996,  he received notice of bond
forfeiture and appeared the next day at court for that matter.  The
trial court imposed a $10,000.00 cash bond.  Because Mr. Cola could
not produce such funds, he was committed to the county jail.  
     Mr. Cola has now properly commenced this habeas  corpus action
to contest the propriety of the bond.  In Ohio habeas corpus is the
appropriate remedy to raise the claim of excessive or inappropriate
bail.   In  re Gentry (1982),  7 Ohio  App.3d 143, 454  N.E.2d 987;
Jenkins v. Billy (1989), 43 Ohio St.3d 84, 538 N.E.2d 1045. 
     In the present  case the  $10,000 cash bond  is excessive  and
inappropriate.  In State  ex rel. Jones  v. Hendon (1993), 66  Ohio
St.3d 115, 609  N.E.2d 541, the Supreme  Court of Ohio held  that a
trial court  may not impose the condition of  a "cash only" bond on
bail.  The  court reasoned that requiring a "cash only" bond to the
                               - 3 -
exclusion of  other permitted  forms of  bond would  only serve  to
restrict an accused's  access to a  surety and would, thus,  detain
the person  in  violation  of Section  9,  Article I  of  the  Ohio
Constitution, which provides in pertinent  part that "[a]ll persons
shall be bailable by sufficient sureties" in noncapital cases.  The
court accordingly concluded that the trial court judge's discretion
in imposing  bond is  limited to  setting the  amount of  the bond.
Once the amount is set the  accused may exercise his constitutional
right to enlist a surety to post bail  on his behalf.  Thus, in the
present case, the  $10,000 cash only  bond is impermissible and  as
such  is vacated  by this  court.   The  initial $2,500.00  cash or
surety  bond  revives into  effect  as  the  last appropriate  bond
issued.   The trial  court, of course, may  re-examine the issue of
bail and impose any reasonable, appropriate bond pursuant to  Crim.
R. 46.
     Accordingly, this court grants Mr.  Cola's petition for habeas
corpus  and grants  relief as follows:  In State of  Ohio v. Albert
Cola, Cuyahoga County  Common Pleas Court  Case No. Cr. 331023  the
$10,000.00 cash  bond is vacated; the initial $2,500.00 surety bond
is  in  effect,  subject  to  further  order of  the  trial  court.
Respondent to pay costs.  
PATRICIA A. BLACKMON, J., and    
TIMOTHY E. McMONAGLE, J., CONCUR.  
                                        JAMES D. SWEENEY
                                        PRESIDING JUDGE
.