COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                GERALD E. FUERST, CLERK OF COURTS
STATE OF OHIO EX REL.         :
HOWARD JAMES BEVERLY,         :    PETITION FOR WRIT OF
                              :    MANDAMUS
          Relator             :
                              :    CASE NO. 72527
     -vs-                     :
                              :    MOTION NO. 83979
JUDGE ANTHONY CALABRESE       :
                              :    JOURNAL ENTRY AND OPINION
          Respondent          :
DATE OF ANNOUNCEMENT
OF DECISION:                  JULY 10, 1997
JUDGMENT:                     JUDGMENT FOR RESPONDENT.
DATE OF JOURNALIZATION:
APPEARANCES:
For Relator:                  Howard James Beverly, Pro Se
                              Mansfield Correctional Institute
                              #172-335
                              P.O. Box 788
                              Mansfield, Ohio 44901
For Respondent:               L. Christopher Frey
                              Assistant Prosecuting Attorney
                              The Justice Center - 8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio 44113
                               -2-
NAHRA, P.J.:
     Howard James Beverly, is seeking a writ of mandamus to compel
respondent, Judge Anthony Calabrese, to reverse his conviction for
failure to comply with Crim.R.  12(E) and for failure to issue  a
Faretta v. California (1975), 422 U.S. 806 (waiver of assistance of
counsel), inquiry.  The prosecutor has filed a motion for summary
judgment on the ground that relator has an adequate remedy by way
of appeal to address the alleged irregularities.  We agree and, for
this reason, grant the state's motion for summary judgment.
     The issuance of a writ of mandamus is an extraordinary remedy
which is to be exercised with caution and only when the usual forms
of procedure  are incapable of affording  relief.  State ex  rel.
Woodbury v. Spitler (1973), 34 Ohio St.2d 134, 296 N.E.2d 526.  If
an adequate remedy is available in the ordinary course of law, the
writ of mandamus must not be issued.   R.C. 2731.05; State ex rel.
Casey Outdoor Advertising, Inc.  v. Ohio Dept. Of  Transportation
(1991), 61 Ohio St.3d 429, 575 N.E.2d 181.  In this case, relator
has an adequate remedy via appeal to challenge his conviction.  In
fact, relator has filed an appeal and it is scheduled to be heard
on July 21, 1997.  Mandamus is not a substitute for appeal.  State
ex rel. Baker v. Schieman (1993), 67 Ohio St.3d 443, 619 N.E.2d
                               -3-
692; State ex rel.  Oden v. Character (Sept. 26, 1994),  Cuyahoga
App. No. 67734, unreported.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Costs to relator.
PORTER, J., and
                                        JOSEPH J. NAHRA
O'DONNELL, J., CONCUR.                  PRESIDING JUDGE
.