COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73397 STATE OF OHIO, ex rel. : ROBERT FANNING : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 89616 : JUDGE WILLIAM J. COYNE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : DECEMBER 24, 1997 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator : ROBERT FANNING, pro se #324-097 Madison Correctional Institution Post Office Box 740 London, Ohio 43140 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor GAIL D. BAKER, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES D. SWEENEY, C.J.: Robert Love Fanning, relator, is seeking a writ of mandamus to compel his release from prison. He claims he was not tried within the statutory framework. Respondent has moved for summary judgment and, because relator has or had an adequate remedy by way of appeal to raise his speedy trial issue, see State ex rel. Wentz v. Correll (1975), 41 Ohio St.2d 101, 322 N.E.2d 889, the motion for summary judgment is granted. Costs to relator. .