COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71961
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
CHARLES D. MCCULLER                :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 81162
     -vs-                          :
                                   :
KENNETH CALLAHAN, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 27, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
CHARLES D. MCCULLER, Pro Se        STEPHANIE TUBBS JONES,
No. 169-288                          Cuyahoga County Prosecutor
P. O. Box 69                       DIANE SMILANICK, Assistant
London, Ohio 43140                   County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
PATRICIA A. BLACKMON, P.
J.:
     Relator requests that  this court  compel respondent judge  to
resentence  relator in State  v. McCuller, Cuyahoga  Cty. C.P. Case
Nos.  CR-48254,  48919  and 52011.    Relator  asserts  that he  is
entitled to resentencing because he was belatedly granted jail time
credit.  See State ex rel. McCuller v. Court of Common  Pleas (Apr.
17, 1996), Cuyahoga App. No. 70379, unreported.
     Respondent has filed a motion for summary judgment (Motion No.
81162) attached  to which  is  a copy  of a  journal entry  denying
relator's motion to  vacate sentence  as moot and  noting that  the
court  had  granted relator  jail time  credit.   Respondent argues
that, by ruling on the motion to vacate sentence, he has discharged
his duty.  We agree.
     This  court  does not  have  authority in  mandamus  to compel
respondent  to rule  in  a specific  way  on the  motion  to vacate
sentence.    See,  e.g., R.C.  2731.03;  State  ex  rel. Laguta  v.
Corrigan  (Jan.  23, 1997),  Cuyahoga  App. No.  71716, unreported;
State ex  rel. Douglas v. Fuerst (Dec. 30, 1996), Cuyahoga App. No.
71595, unreported.   Likewise, respondent does  not have a duty  to
issue findings of fact and conclusions of law because the motion to
vacate sentence--a copy  of which is  attached to the complaint  in
                               -3-
this action--is not a petition for postconviction relief.
     Accordingly,  respondent's  motion  for  summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
DAVID T. MATIA, J., CONCURS
                              ___________________________________
                              PATRICIA A. BLACKMON,
                              PRESIDING JUDGE
.