COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73339 STATE OF OHIO, ex rel. : LEROY SMITH : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 90395 : BRIAN CORRIGAN, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : JANUARY 15, 1998 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator : LEROY SMITH, pro se #272-372 Post Office Box 56 Lebanon, Ohio 45036 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.: Motion for Summary Judgment of Respondent based on mootness is granted. On December 15, 1997, as evidenced by Exhibit A to respondent's motion, respondent issued Findings of Fact and Conclusions of Law in C.P. Case No. CR-290684. The relief requested having been performed, this action is now moot and is hereby dismissed. Costs to respondent. PATRICIA A. BLACKMON, J., CONCURS JAMES D. SWEENEY, CHIEF JUSTICE .