COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73330
STATE OF OHIO, ex rel.        :
CLARENCE ROBERTS              :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 90014
                              :
JUDGE JUDITH KILBANE KOCH     :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 24, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           CLARENCE ROBERTS, pro se
                              #177-001
                              Trumbull Correctional Institution
                              Post Office Box 901
                              Leavittsburg, Ohio  44430-0901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              L. CHRISTOPHER FREY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES D. SWEENEY, C.J.:
     Relator requests that this court compel respondent judge  to
issue findings of fact and conclusions of law with respect to the
petition for postconviction  relief filed by relator in State  v.
Roberts, Cuyahoga County Court of Common Pleas Case No. CR-180830,
on September 4, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
88893), attached to which is a  copy of the findings of fact  and
conclusions of law issued by respondent and received for filing by
the clerk on November 12, 1997.  Respondent argues that this action
in mandamus is, therefore, moot.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
.