COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 73772
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
CLEOPHAS LAKE                 :    MANDAMUS
                              :
               Relator        :    MOTION NO. 92760
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    APRIL 2, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    CLEOPHAS LAKE, Pro Se
                                   No. A196-927
                                   Grafton Correctional Inst.
                                   2500 South Avon Belden Road
                                   Grafton, Ohio 44044
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   RANDI MARIE OSTRY, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator avers that, in State v. Lake (June 9, 1988), Cuyahoga
                               -2-
App. No. 53896, unreported, this court instructed respondent court
to modify  relator's sentence because  the minimum  term for  his
consecutive sentences  could not exceed  fifteen years.   Relator
requests that this court compel respondent to carry out the mandate
in Case No. 53896.
     Respondent has filed a motion for summary judgment (Motion No.
91726) attached to which  is a copy of  a journal entry in  which
respondent orders  that  this  court's mandate  be  carried  into
execution and that relator is to serve a maximum aggregate sentence
of fifteen years actual time.  Respondent argues that this action
in mandamus is, therefore, moot.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
JAMES M. PORTER, J., CONCURS.
.