COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                       COUNTY OF CUYAHOGA 
                            NO. 71624
STATE OF OHIO, EX REL.        :
JOSE GONZALEZ                 :
        Relator               :     PETITION FOR WRIT OF 
                              :        MANDAMUS
     -vs-                     : 
                              :
CUYAHOGA COUNTY COURT OF      :
COMMON PLEAS                  : 
        Respondent            :
                              :
DATE OF ANNOUNCEMENT          :       
  OF DECISION                 :       JANUARY 10, 1997        
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relator:                  For respondent:
Jose Gonzalez                 Stephanie Tubbs Jones
#293-335                      Cuyahoga County Prosecutor
Marion Correctional In-       Sherry F. McCreary
   stitution                  Assistant Prosecuting Attorney
P.O. Box 57                   The Justice Center
Marion, Ohio  43301-0057      1200 Ontario Street
                              Cleveland, Ohio  44113    
            COURT OF APPEALS OF OHIO  EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                GERALD E. FUERST, CLERK OF COURTS
S/O EX REL. JOSE GONZALEZ
               Relator                  COURT   OF   APPEALS  NO.
71624
          -VS-
                                        ORIGINAL ACTION
COURT OF COMMON PLEAS
               Respondent               MOTION NO. 79121
Date  January 10, 1997 
                          Journal Entry
     On November 21,  1996, the  relator, Jose Gonzalez,  commenced
this mandamus action  against the  respondent, the Cuyahoga  County
Court of Common Pleas, to compel it rule upon a "Motion  to clarify
sentence"  which Mr. Gonzalez filed on  June 6, 1997, in the under-
lying case, State of Ohio v. Jose Gonzalez, Cuyahoga Cty. C.P. Case
No. CR-310350.  Mr. Gonzalez also  applied for an alternative writ.
     The gravamen of Mr. Gonzalez's case  is that in the underlying
case  subsequent  to  his pleading  guilty  to  one  count of  drug
trafficking under R.C.  2925.03, the court sentenced him  to "three
(3)  years actual  incarceration, followed  by three  (3) years  to
fifteen (15) years, ***."  Mr. Gonzalez presumed this meant a total
of three years actual incarceration; the fact that there was no gun
specification  bolstered Mr.  Gonzalez's  reasoning.   However, the
                               -3-
prison administration interpreted  the journal entry to  mean three
years  actual  incarceration, followed  an  another three  years to
fifteen years.  Thus, Mr. Gonzalez moved to clarify his sentence. 
     On December  19, 1996,  the respondent,  through the  Cuyahoga
County  Prosecutor, moved for  summary judgment.   Attached  to the
motion was a  copy of a  certified journal entry, filed-stamped  on
December 19, 1996, in the underlying case which read:  "Defendant's
motion to clarify  is granted as  follows: the sentence imposed  by
the court  of July  28, 1994  is  correct pursuant  to ORC  2925.03
(C)(6), also see State - vs - Arnold, 61 OS 3D 175."  This response
establishes that Mr. Gonzalez has  received the relief requested, a
ruling  on  his  motion  for  clarification; any  further  question
concerning  the propriety of the  sentence is properly addressed by
other remedies, such as appeal.  Accordingly,  this mandamus action
is  now  moot.   The respondent's  motion  for summary  judgment is
granted, the application for an alternative writ is denied, and the
case is dismissed.  Respondent to pay costs. 
PATRICIA A. BLACKMON, J., CONCURS
.