COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73904 STATE OF OHIO, EX REL. : PETITION FOR WRIT OF MARK ARTIS : MANDAMUS : Relator : MOTION NO. 93224 : vs. : JOURNAL ENTRY AND OPINION : GERALD T. MCFAUL, SHERIFF : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For Relator : MARK ARTIS, Pro Se No. 342-166 P. O. Box 69 London, Ohio 43140-0069 For Respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor LISA R. WILLLIAMSON, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON, A.J.: In the sentencing entry issued in State v. Artis, Cuyahoga County Court of Common Pleas Case No. CR-334433, the court of common pleas instructed respondent sheriff to verify the time served in Georgia pursuant to a capias issued in Case No. CR- 334433. Relator requests that this court compel respondent to comply with the court's instruction. Respondent has filed a motion for summary judgment (Motion No. 92231) attached to which is a copy of a journal entry issued by the court of common pleas and received for filing by the clerk on February 2, 1998 in which respondent granted relator one additional day of jail time credit and indicated: Defendant will not receive credit for time while serving time in Cobb County Jail in Georgia. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree. 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. State ex rel. Washington v. Saffold (Jan. 29, 1998), Cuyahoga App. No. 73561, unreported, at 2. Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. Writ denied. -3- JAMES M. PORTER, J., CONCURS. _______________________________ PATRICIA A. BLACKMON, ADMINISTRATIVE JUDGE .