COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73485
STATE OF OHIO, ex rel.        :
ALFRED STANLEY                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 90970
                              :
KATHLEEN ANN SUTULA, JUDGE    :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    FEBRUARY 5, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           ALFRED STANLEY, pro se
                              #330-744
                              Post Office Box 57
                              Marion, Ohio 43301-0057
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              SHERRY F. McCREARY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Alfred Stanley, seeks a writ of mandamus in order to
compel the respondent,  Judge Kathleen Ann Sutula, to grant  pre-
conviction jail  time credit in the  underlying case of State  v.
Stanley, Cuyahoga Common Pleas Case No. CR-318695.  The respondent
has filed a motion for summary judgment, which this court  grants
for the following reasons.
     Attached to the respondent's motion for summary judgment is a
copy of a journal entry, as journalized on April 21, 1997,  which
demonstrates that the relator's motion for pre-conviction jail time
credit was granted in the amount of thirty-seven (37) days.   The
respondent has fulfilled her duty to grant the relator credit for
any pre-conviction incarceration, and thus the relator's  request
for mandamus is moot.  State  ex rel. Gantt v. Coleman (1983),  6
Ohio St.3d 5; State ex rel. Jerningham v. Cuyahoga County Court of
Common Pleas (1996), 74 Ohio St.3d 278.
     Accordingly, we grant  the respondent's  motion for  summary
judgment.  Costs to relator.
     Writ denied.
JAMES M. PORTER, J., CONCURS
.