COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                             NO. 71960
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
LARRY COLLINS                      :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 81206
     -vs-                          :
                                   :
THOMAS J. POKORNY, JUDGE           :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 20, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
LARRY COLLINS, Pro Se              STEPHANIE TUBBS JONES,
No. A 232-502                        Cuyahoga County Prosecutor
P. O. Box 57                       ARTHUR A. ELKINS, Assistant
Marion, Ohio 43302                   County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator, Larry Collins, seeks  a writ of mandamus in  order to
compel the respondent, Judge Thomas J. Pokorny,  to render findings
of  fact and  conclusions of law  with regard  to a motion  for new
trial which was filed and denied in the underlying case of State v.
Collins,  Cuyahoga C.P.  Case No.  CR-252432.   The  respondent has
filed a motion for summary judgment.
     Crim. R. 33,  which controls the  disposition of a motion  for
new trial, in  a criminal case, does  not require a trial  court to
render findings of fact and conclusions of law.  See State v. Allen
(Feb. 2, 1995),  Cuyahoga App.  No. 66346, unreported.   Thus,  the
respondent possesses no clear legal duty  to issue findings of fact
and conclusions  of law with  regard to a  motion for new  trial as
made in a criminal case.  Cf. State ex rel. Ney  v. Niehaus (1987),
33 Ohio St.3d 118; State ex rel. Westchester Estates, Inc. v. Bacon
(1980), 61 Ohio St.2d 42.
     Accordingly,  we grant  the  respondent's  motion for  summary
judgment.  Costs to relator.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
.