COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 72560
STATE OF OHIO, ex rel.        :
MILTON COTTON                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 84617
                              :
JUDGE BURT W. GRIFFIN         :    JOURAL ENTRY AND OPINION
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    JULY 2, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           MILTON COTTON, pro se
                              #A234-317
                              Post Office Box 788
                              Mansfield, Ohio  44901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES D. SWEENEY, C.J.:
     Respondent's motion for summary judgment is granted.  A review
of the trial court's docket in Cuyahoga Common Pleas Case No. CR-
221618  clearly demonstrates  that the  relator's conviction  and
sentence were vacated  and that the  relator was discharged  from
incarceration.
     Herein, the relator has failed to demonstrate to this  court
(1) that the relator possesses a clear legal right to the  relief
requested and (2) that the respondent possesses a clear legal duty
to perform a requested act.  State ex rel. Ney v. Niehaus (1987),
33 Ohio St.3d 118; State ex rel. Westchester v. Bacon (1980),  61
Ohio St.2d 42.
     Accordingly, we grant  the respondent's  motion for  summary
judgment  and decline  to issue  a writ  of mandamus.   Costs  to
relator.
PATRICIA A. BLACKMON, J., CONCURS
                               JAMES D. SWEENEY, CHIEF JUSTICE
.