COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73561 STATE OF OHIO, ex rel. : ANTHONY WASHINGTON : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 90704 : JUDGE S. STRICKLAND SAFFOLD : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : JANUARY 29, 1998 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator : ANTHONY WASHINGTON, pro se #342-122 68518 Bannock Road S.R. 331 St. Clairsville, Ohio 43950 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor ARTHUR A. ELKINS, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON, A.J.: Relator, Anthony Washington, seeks a writ of mandamus in order to compel the respondent, Judge Shirley Strickland Saffold, to grant additional pre-conviction jail time credit in the underlying case of State v. Washington, Cuyahoga Common Pleas Case No. CR- 311452. The respondent has filed a motion to dismiss, which this court grants for the following reasons. A review of the journal entry, as attached to the respondent's motion to dismiss, demonstrates that the relator's request for jail time credit was granted by the respondent on December 4, 1997, and that the relator was credited with the amount of sixty-nine (69) 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. In addition, any further dispute concerning the amount of jail time credit must be considered through a direct appeal. Mandamus will not issue to correct the amount of jail time credit granted to the relator. State ex rel. Spates v. Judge James J. Sweeney (Apr. 19, 1997), Cuyahoga App. No. 71986, unreported; State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d 118. Accordingly, we grant the respondent's motion to dismiss. Costs to relator. Writ dismissed. -3- JAMES M. PORTER, J., CONCURS .