COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 74511
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
DARRYL A. STANTON             :    MANDAMUS
                              :
               Relator        :    MOTION NO. 96122
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
KATHLEEN A. SUTULA, JUDGE     :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    JULY 16, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    DARRYL A. STANTON, Pro Se
                                   No. 344-329
                                   Belmont Correctional Inst.
                                   P. O. Box 540
                                   St. Clairsville, Ohio 43950
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   MACY LEE, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator requests that this court compel respondent court  to
                               -2-
award him jail time  credit in State v. Stanton, Cuyahoga  County
Court of Common Pleas Case No. CR-352593.  Respondent has filed a
motion to dismiss (Motion No. 95492).  In the motion to  dismiss,
however, respondent relies  extensively on  material outside  the
pleading without providing that material.  See Civ.R. 12(B) and 56.
Furthermore,  respondent  argues:    The  court  should   dismiss
[relator's complaint]  because he is  not entitled  to jail  time
credit.   Motion  to Dismiss, at 3.  Unfortunately,  respondent's
argument ignores the essential issue of this action and necessarily
fails.
     In State ex rel. Johnson v. O'Donnell (Oct. 4, 1994), Cuyahoga
App. No. 67783, unreported, this court summarized the analysis for
determining an  action in mandamus seeking  to compel a judge  to
grant a defendant jail time credit.
          A trial judge has a clear legal duty to specify in
     the record of conviction and sentence the number of days
     a person was confined prior to conviction.  R.C. 2949.12;
     R.C. 2949.08;  State ex rel. Corder v. Wilson (1991), 68
     Ohio App.3d 567, 589 N.E.2d 113.  Relator, however, does
     not claim a failure of respondent to provide the number
     of days of confinement.   Cf. State ex rel. Andrews  v.
     Corrigan  (Oct. 11,  1991),  Cuyahoga App.  No.  62253,
     unreported.   Instead,  relator  is claiming  that  the
     specified number  of days is wrong.   As stated by  the
     court in Corder, the proper remedy for challenging this
     factual determination of the  trial court is either  by
     direct appeal or through a motion for correction in the
     trial  court if  a mistake  is claimed  rather than  an
     alleged erroneous legal determination.  Corder, 68 Ohio
     App.3d at 573.  Mandamus cannot be used as a substitute
     to collaterally attack the confinement calculation.  Id.
     at 574.
Id., at 2.
     Respondent issued the following language in the entry imposing
sentence on relator:   Defendant to receive no jail credit on this
                               -3-
case. Journalized December 5, 1997, Vol. 1633, pg. 667.  In State
ex rel. Artis v. McFaul (Apr. 9, 1998), Cuyahoga App. No.  73904,
unreported, this court denied the relator's request to issue a writ
of mandamus compelling the  sheriff to verify the time served  in
Georgia pursuant to a capias issued in a criminal case in Cuyahoga
County. The court of common pleas  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.'    Id.,  at 2.   This  court also  noted that  disputes
regarding the number of days jail time credit must be  considered
through direct appeal and that mandamus does not lie to correct the
amount of jail time credit.  Id. quoting State ex rel. Washington
v. Saffold (Jan. 29, 1998), Cuyahoga App. No. 73561, unreported, at
2.
     By issuing a journal entry indicating  no jail credit on this
case,  respondent  has discharged its duty under Johnson,  supra.
That is, by stating  no jail credit,  respondent has indicated the
number of days--zero.   Relator has or  had a right to  challenge
respondent's determination  by way of  appeal.   Given the  facts
averred  in  the  complaint--including  the  attachments  to  the
complaint as amended--relator  has failed to  state a claim  upon
which relief can be granted.
     Accordingly, we dismiss this action sua sponte.  Relator  to
pay costs.
     Writ dismissed.
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JAMES M. PORTER, J., CONCURS
                              PATRICIA A. BLACKMON,
                              ADMINISTRATIVE JUDGE
.