COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74561 STATE OF OHIO, ex rel. : DANIEL CARROLL : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 95817 : JUDGE DANIEL O. CORRIGAN : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : JULY 2, 1998 JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For relator : DANIEL CARROLL, pro se #A242-060 Ohio State Reformatory Post Office Box 788 Mansfield, Ohio 44901-0788 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, Daniel Carroll, seeks a writ of mandamus in order to compel the respondent, Judge Daniel O. Corrigan, to issue findings of fact and conclusions of law with regard to a motion to correct illegal sentence, which was filed on December 27, 1995 and denied on May 7, 1996, in the underlying case of State v. Carroll, Cuyahoga County Court of Common Pleas Case No. CR-269172. The respondent has filed a motion for summary judgment, which we grant for the following reasons. The realtor argues that his motion to correct illegal sentence constitutes a petition for postconviction relief as defined by R.C. 2953.21, and thus the respondent possesses a duty to make and file findings of fact and conclusions of law. The underlying motion, as filed by the relator on December 27, 1995, represents a successive petition for postconviction relief. The respondent, however, possesses no duty to file findings of fact and conclusions of law with regard to successive petitions for post- conviction relief. See State ex rel. White v. Goldsberry (1996), 76 Ohio St.3d 217; State ex rel. Luna v. McGimpsey (1996), 74 Ohio St.3d 485. Since the respondent possesses discretion to issue findings of fact and conclusions of law on a successive petition for postconviction relief and the relator possesses an adequate remedy at law through a direct appeal, mandamus will not lie to compel findings of fact and conclusions of law. State ex rel. Jennings v. Nurre (1995), 72 Ohio St.3d 596. -3- Accordingly, we grant the respondent's motion for summary judgment. Costs to relator. Writ denied. JAMES M. PORTER, J., CONCURS .