COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73209
STATE OF OHIO, ex rel.        :
TURHAN WYNN                   :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 88899
                              :
TIMOTHY McCORMICK, JUDGE      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    NOVEMBER 26, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           TURHAN WYNN, pro se
                              Cuyahoga County Corrections Center
                              Post Office Box 5600
                              Justice Center
                              Cleveland, Ohio  44101
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.:
     Relator, Turhan Wynn, seeks  a writ of mandamus in order  to
compel the  respondent,  Judge Timothy  McCormick, to  conduct  a
probation violation hearing  in the underlying  case of State  v.
Wynn, Cuyahoga County Court of Common Pleas Case No. 33704.   The
respondent has filed  a motion for  summary judgment, which  this
court grants for the following reasons.
     A review of  the journal entry attached to the  respondent's
motion for summary judgment, as journalized on September 26, 1997,
demonstrates that the relator was afforded a probation  violation
hearing.  Thus, the relator's  request for a writ of mandamus  is
moot.  State ex rel. Rose v. Radcliffe (1988), 37 Ohio St.3d 245;
State ex  rel. Gantt  v. Coleman  (1983),  6 Ohio  St.3d 5.    In
addition, mandamus may not be employed as a substitute for a direct
appeal. State ex rel. Woodbury, et al. v. Spitler (1973), 34 Ohio
St.2d 134.
     Accordingly, we grant  the respondents's motion for  summary
judgment.  Costs to relator.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
                              __________________________________
                               JAMES D. SWEENEY, CHIEF JUSTICE
.