COURT OF APPEALS OF OHIO  EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73552
STATE OF OHIO                      :
                                   :         JOURNAL ENTRY
          Plaintiff-Appellee       :
                                   :              AND
       vs.                         :
                                   :            OPINION
JERRY KEY                          :
                                   :
          Defendant-Appellant      :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       OCTOBER 8, 1998
CHARACTER OF PROCEEDING:           Criminal appeal from Common
                                   Pleas Court No. CR-318076
JUDGMENT:                          AFFIRMED.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiff-Appellee:            STEPHANIE TUBBS JONES
                                   Cuyahoga County Prosecutor
                                   DIANE SMILANICK
                                   Assistant County Prosecutor
                                   Justice Center - 8th Floor
                                   1200 Ontario Street
                                   Cleveland, Ohio  44113
For Defendant-Appellant:           BROOKS J. CHAPIN
                                   526 Superior Avenue
                                   930 Leader Building
                                   Cleveland, Ohio 44114
                               -2-
JUDGE TERRENCE O'DONNELL:
     The judgment  of the Common Pleas  Court is affirmed on  the
authority of State v. Rush  (1998), 83 Ohio St.3d 53, 697  N.E.2d
634.
     It is ordered  that appellee recover of appellant its  costs
herein taxed.
     It is ordered that a special mandate issue out of this Court
directing  the Common  Pleas court  to carry  this judgment  into
execution.  The defendant's conviction having been affirmed,  any
bail pending  appeal is terminated.   Case remanded to the  trial
court for execution of sentence.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
JOSEPH J. NAHRA, P.J., and
DIANE KARPINSKI, J., CONCUR
                                             JUDGE
                                        TERRENCE O'DONNELL
N.B.  This entry is an announcement of the court's decision.  See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27.  This decision will
be journalized and will become the judgment and order of the court
pursuant to App.R. 22(E) unless a motion for  reconsideration with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision.  The time period for
review by the Supreme Court of  Ohio shall begin to run upon  the
journalization of  this court's announcement  of decision by  the
.