COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 72085
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
VINCENTE SANCHEZ                   :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 82961
     -vs-                          :
                                   :
CUYAHOGA COUNTY COMMON PLEAS       :    JOURNAL ENTRY AND OPINION
COURT, ET AL.                      :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MAY 22, 1997
JUDGMENT:                          WRIT ALLOWED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
VINCENTE SANCHEZ, Pro Se           STEPHANIE TUBBS JONES,
No. 304-704                          Cuyahoga County Prosecutor
P. O. Box 1812                     Justice Center, Courts Tower
Marion, Ohio 43301-1812            1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator,  Vincente Sanchez, seeks a  writ of mandamus in order
to  compel the respondent,  Cuyahoga County Court  of Common Pleas,
Judge Mary J.  Boyle, to specify in  a journal entry the  jail time
credit due with regard to Cuyahoga  County C.P. Case Nos. CR-316942
and CR-319661.
     The requisites  for mandamus  are well  established:   (1) the
relator possesses a clear legal right  to the relief requested; (2)
the respondent is under a clear legal duty to perform the requested
act; and  (3) the relator possesses no plain and adequate remedy in
the ordinary  course of law.   State  ex rel. Westchester  v. Bacon
(1980),  61 Ohio  St.2d 42.   A defendant,  that is  imprisoned, is
entitled by law to  have credited to his sentence  of incarceration
the number of  days that he  was confined  prior to conviction  and
sentence.  See Crim.  R. 32.2(D); R.C.  2949.08; R.C. 2949.12.   In
addition  a trial court possesses a clear  legal duty to specify in
the record of conviction and  sentence the number of days a  person
was  confined  prior  to conviction.    State  ex  rel. Johnson  v.
O'Donnell  (Oct.  4, 1994),  Cuyahoga  App. No.  67783, unreported;
State ex rel.  Andrews v. Corrigan  (Oct. 11, 1991), Cuyahoga  App.
No. 62253, unreported.  It must also be noted that a summary denial
of a motion for jail time  credit, without specifying the number of
days a defendant was incarcerated prior to conviction and sentence,
does not fulfill the legal duties  as imposed upon the trial  court
                               -3-
by the  Ohio Rules of Criminal Procedure and the Ohio Revised Code.
State  ex rel.  Wright v.  Court of  Common Pleas  (Nov. 6,  1995),
Cuyahoga  App. No.  69200,  unreported; State  ex  rel. Goolsby  v.
Cleary (Aug. 14,  1995), Cuyahoga App. No. 69119, unreported; State
ex rel. Spruce v. Cleary (Aug. 17,  1995), Cuyahoga App. No. 69047,
unreported.
     In the case  sub judice,  mandamus lies since  the relator  is
entitled to a credit for any  incarceration which occurred prior to
conviction and  sentence, the trial  court possesses a  clear legal
duty to calculate and  state in a journal entry the  number of days
the relator was incarcerated prior  to conviction and sentence, and
the relator possesses  no other  adequate remedy at  law.   Accord-
ingly,  we  grant the  relator's  request for  relief  in mandamus.
Within thirty  (30) days of the date  of this entry, the respondent
is ordered to issue a journal  entry which specifies the number  of
days the relator was incarcerated prior  to conviction and sentence
in Case Nos. CR-316942 and CR-319661.  Respondent to bear costs.
     Writ allowed.
PATRICIA A. BLACKMON, J., CONCUR
.