COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74225
STATE OF OHIO, ex rel.        :
TIMOTHY NASH                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94097
                              :
JOSE VILLANUEVA, JUDGE        :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 7, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           TIMOTHY NASH, pro se
                              #3340923
                              Post Office Box 69
                              London, Ohio  43140
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              ERIKA RITT, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Timothy Nash,  through his complaint for a writ  of
mandamus,  seeks an  order  from  this court  that  requires  the
respondent, Judge Jose Villanueva, to terminate the sentences  of
incarcerationas imposed in the underlying cases of State v. Nash,
Cuyahoga County Court of Common Pleas Case Nos. CR-341265 and CR-
341137.  The relator argues that he is entitled to termination of
his sentences of incarceration  on the basis that  no  complaints
were filed  in accordance  with Crim.R.  3 and  12(A) giving  the
respondent subject matter jurisdiction.   The respondent has filed
a motion  to dismiss, which this  court grants for the  following
reasons.
     In order  for this court  to grant a  writ of mandamus,  the
relator must establish that: 1) the relator possesses a clear legal
right to the relief requested; 2) the respondent possesses a clear
legal duty to perform the  requested act; and 3) there exists  no
plain or adequate remedy in the ordinary course of law.  State ex
rel. Harris  v. Rhodes  (1978), 54 Ohio  St.2d 41.   Herein,  the
relator has failed to establish a clear legal right to the relief
requested and has further failed to establish the duty possessed by
the respondent.   In addition, the relator possesses an  adequate
remedy at  law through  a direct appeal  to this  court from  the
sentences of incarceration as imposed in the underlying  criminal
cases.  State ex rel.  Peeples v. Anderson (1995), 73 Ohio  St.3d
                               -3-
559; State ex rel. Liberty Mills, Inc. v. Locker (1986), 22  Ohio
St.3d 102.
     Accordingly, we grant  the respondent's  motion to  dismiss.
Costs to relator.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.