COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 73879
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
LESEAN ROBERTS                :    MANDAMUS
                              :
               Relator        :    MOTION NO. 93179
                              :
          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                   :    LESEAN ROBERTS, Pro Se
                                   No. 334-926
                                   Lorain Correctional Institute
                                   2075 Avon Belden Road
                                   Grafton, Ohio 44044
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   SHERRY F. MCCREARY, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator avers that he filed a motion to withdraw guilty plea
in State v. Roberts, Cuyahoga County Court of Common Pleas Case No.
                               -2-
CR-342752, and that the motion remains pending.  Relator requests
that this court compel respondent court to render a decision on the
motion.
     Respondent has filed a motion for summary judgment (Motion No.
92038).  Attached to the motion for summary judgment is a copy of
a journal entry issued by respondent and received for filing by the
clerk  on December  9, 1997--prior  to the  commencement of  this
action--in which respondent  denied relator's motion to  withdraw
guilty  plea.  Relator  has not opposed  the motion.   Respondent
argues that this action in mandamus is, therefore, moot.  We agree.
See also State ex rel. Lilly v. Corrigan (Jan. 29, 1998), Cuyahoga
App. No. 73538, unreported.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
JAMES M. PORTER, J., CONCURS.
.