COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71985
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
RICK WESTWOOD                      :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 80825
     -vs-                          :
                                   :
COURT OF COMMON PLEAS              :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 6, 1997
JUDGMENT:                          WRIT DENIED. 
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
RICK A. WESTWOOD, Pro Se           STEPHANIE TUBBS JONES,
No. 322-460                          Cuyahoga County Prosecutor
W.C.I. 2-D 278                     RANDI MARIE OSTRY, Assistant
P. O. Box 120                        County Prosecutor
Lebanon, Ohio 45036                Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator, Rick Westwood,  has filed a  complaint for a writ  of
mandamus in order to  compel the respondent, Judge Daniel  Gaul, to
render  a ruling  with  regard to  a  petition for  post-conviction
relief which was filed in the underlying case of State v. Westwood,
Cuyahoga  C.P.  Case No.  CR-333873.   The  respondent has  filed a
motion for summary judgment.
     Attached to the respondent's motion for summary judgment is  a
copy of a  journal entry,  journalized on October  28, 1996,  which
demonstrates that the relator's petition for post-conviction relief
has been  denied.  The denial  of the relator's petition  for post-
conviction  relief  renders the  present  request for  relief moot.
State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76.
     Accordingly,  we  grant the  respondent's  motion for  summary
judgment.  Costs to relator.  Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
.