COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73717
STATE OF OHIO,
          Plaintiff-appellee
                                          JOURNAL ENTRY
     vs.
                                               AND
CURTIS JUSTICE,
                                             OPINION
          Defendant-appellant
DATE OF ANNOUNCEMENT
 OF DECISION:                    NOVEMBER 12, 1998
CHARACTER OF PROCEEDING:         Criminal appeal from Common
                                 Pleas Court, Case No. CR-330815
JUDGMENT:                        Affirmed.
DATE OF JOURNALIZATION:
APPEARANCES:
For plaintiff-appellee:          STEPHANIE TUBBS JONES
                                 Cuyahoga County Prosecutor
                                 DIANE SMILANICK
                                 Assistant Prosecuting Attorney
                                 The Justice Center
                                 1200 Ontario Street
                                 Cleveland, Ohio  44113
For defendant-appellant:         CURTIS JUSTICE, pro se
                                 No. 323-686
                                 Pickaway Correctional Inst.
                                 P.O. Box 209
                                 Orient, Ohio  43146
                               -2-
KARPINSKI, J.:
     Defendant-appellant, Curtis Justice, appeals from the judgment
of the trial court which denied his motion to modify his sentence.
Defendant argues that Senate Bill 2, which changed Ohio's criminal
sentencing laws, was unconstitutionally applied to his  sentence.
This argument was  recently rejected by  the Ohio Supreme  Court.
State v. Rush (1998), 83 Ohio St.3d 53, syllabus.  Accordingly, the
judgment of the trial court is affirmed.
                               -3-
     It is ordered  that appellee recover of appellant its  costs
herein taxed.
     The court finds there were reasonable grounds for this appeal.
     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.
JAMES M. PORTER, P.J., and
MICHAEL J. CORRIGAN, J., CONCUR.
                                        DIANE KARPINSKI
                                             JUDGE
     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
.