COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71986
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
MICHAEL SPATES                     :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 81080
     -vs-                          :
                                   :
JAMES J. SWEENEY, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       APRIL 17, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
MICHAEL SPATES, Pro Se             STEPHANIE TUBBS JONES,
No. 320-950                          Cuyahoga County Prosecutor
P. O. Box 901                      DANIEL M. MARGOLIS, Assistant
Leavittsburg, Ohio 44430-0901        County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY, C.
J.:
     Relator  requests that  this court  issue a  writ  of mandamus
compelling respondent  to  increase the  number of  days jail  time
credit granted to relator in State v. Spates, Cuyahoga County Court
of Common Pleas Case Nos. CR-291770 and 338007.
     Respondent has filed a motion for summary judgment (Motion No.
81080) attached to which are copies of two journal entries in which
the court  of common pleas specified  the number of days  jail time
credit  in Case  Nos. CR-291770  and 338007,  respectively.   These
journal entries  were received for filing by the clerk of the court
of common pleas on February 13,  1997, after relator commenced this
action.  Relator has  not opposed the motion for  summary judgment.
In light of  the fact that relator has received the relief which he
requested, the complaint in mandamus is moot.
     Additionally, relator  acknowledges that--prior to  his filing
this action--a journal entry had  been issued specifying the number
of days jail time credit.  As  a result, relator is merely contest-
ing the number  of days jail time  credit.  "[T]his court  has held
that direct appeal is the proper remedy for challenging the factual
determination of a trial court regarding the number of days of jail
time credit.   State ex rel.  Johnson v. O'Donnell  (Oct. 4, 1994),
Cuyahoga  App.  No. 67783,  unreported."   State  ex rel.  Scott v.
Saffold (Jan. 18, 1996), Cuyahoga App. No. 69820, unreported, at 1-
2.   Because respondent set forth in a  journal entry the number of
                               -3-
days jail  time credit, relief in mandamus is not appropriate.  See
also State  ex rel. Robertson  v. Court  of Common Pleas  (Dec. 30,
1996), Cuyahoga App. No. 71535, unreported, at 2.
     Accordingly,  respondent's  motion  for  summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
                              ________________________________
                              JAMES D. SWEENEY, CHIEF JUSTICE
.