COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73316
STATE OF OHIO, ex rel.        :
JAMES HARDIN                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 89205
                              :
JUDGE LILLIAN GREENE          :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 11, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           JAMES HARDIN, pro se
                              #330-547
                              Belmont Correctional Institution
                              Post Office Box 540
                              St. Clairsville, Ohio  43950
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              ARTHUR A. ELKINS, 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.
Respondent denied relator's Motion to Withdraw Guilty Plea on July
2, 1997. State ex rel. Hardin v. Greene (Sep. 18, 1997), Cuyahoga
App. No. 72933, unreported.  Relator has failed to demonstrate  a
clear legal  duty of  respondent to  issue findings  of fact  and
conclusions of law following  the denial of a motion to  withdraw
guilty plea and has therefore failed to satisfy the requisites for
mandamus.  See State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d
118, 515  N.E.2d  914.   Additionally,  relator has  omitted  the
supporting affidavit  from  his  complaint that  is  required  by
Loc.App.R. 8(B)(1).
     Judgment for respondent.  Costs to relator.
.