COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 73866
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
ROBERT MITCHELL               :    MANDAMUS
                              :
               Relator        :    MOTION NO. 93223
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    APRIL 9, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    ROBERT MITCHELL, Pro Se
                                   No. 341-348
                                   London Correctional Institute
                                   P. O. Box 69
                                   London, Ohio 43140
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   GAIL D. BAKER, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator requests that this court compel respondent judge  to
  forward  the  credit Relator  did  remain  in  Community  Based
                               -2-
Correctional Facilities   in State  v. Mitchell, Cuyahoga  County
Court of  Common Pleas Case  No. CR-338240.   (Capitalization  in
Original.)
     Respondent has filed a motion for summary judgment (Motion No.
91832--which is misnamed  answer and motion for summary judgment,
(see  Civ.R. 7 and 56) attached to  which is a copy of a  journal
entry issued by respondent and received for filing by the clerk on
December 22, 1997 in which respondent denied relator's request for
jail time credit and  indicated:  The defendant does not  receive
jail credit for inpatient drug treatment.   Respondent argues that
relator  may  not  use  mandamus  as  a  substitute  for  appeal.
Respondent also argues that relator has (or had) an adequate remedy
at law by way of appeal.
     Relator has opposed the motion.  Relator argues that, pursuant
to R.C. 2967.191, he is entitled to jail time credit for time in a
community based correctional facility  and program.  Although  we
need not and do not address this issue directly, we note that R.C.
2967.191 was amended in 1996 and 1997--after the 1983 version  on
which relator relies.  In its current form, R.C. 2967.191 does not
refer to   a community based correctional facility and  program.
More importantly, respondent's denial of relator's request for jail
time credit is a sufficient basis for granting summary  judgment.
See State ex rel. Wilson v. Boyko (Jan. 9, 1997), Cuyahoga App. No.
71531, unreported.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
                               -3-
     Writ denied.
JAMES M. PORTER, J., CONCURS.
.