COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73098
STATE OF OHIO, ex rel.        :
MICHAEL WILMORE               :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO.  88237
                              :
JUDGE THOMAS POKORNY          :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    OCTOBER 30, 1997
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           MICHAEL WILMORE, pro se
                              #324-099
                              Post Office Box 4501
                              Lima, Ohio  45802
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              RANDI MARIE OSTRY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                                2
JAMES D. SWEENEY, C.J.:
     Relator, Michael Wilmore, seeks a writ of mandamus in order to
compel the respondent,  Judge Thomas J.  Pokorny, to correct  the
amount of  pre-conviction  jail time  credit  as granted  in  the
underlying case of State v. Wilmore, Cuyahoga Common Pleas Case No.
CR-338286.  The respondent  has filed a motion to dismiss,  which
this court grants for the following reasons.
     A review of the docket in CR-338296 clearly discloses that the
relator's  request  for  jail time  credit  was  granted  by  the
respondent on October 31, 1996 and that the relator was  credited
with the amount of eighty-two days.  The respondent has fulfilled
his duty  to  grant the  relator  credit for  any  pre-conviction
incarceration and,  thus, the relator's  request for mandamus  is
moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5; State
ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996),
74 Ohio St.3d 278.  Any further dispute concerning the amount  of
jail  time credit  must be  considered through  a direct  appeal.
Mandamus will not issue to correct the amount of jail time credit
granted to the relator.  State  ex rel. Spates v. Judge James  J.
Sweeney(Apr. 19, 1997), Cuyahoga App. No. 71986, unreported; State
ex rel. Ney v. Niehaus (1978), 33 Ohio St.3d 228.
     Accordingly, we grant  the respondent's  motion to  dismiss.
Costs to relator.
     Writ dismissed.
                                3
PATRICIA A. BLACKMON, J., CONCURS
                               JAMES D. SWEENEY, CHIEF JUSTICE
.