COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74866
STATE OF OHIO, ex rel.        :
RALPH THOMAS                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 97785
                              :
THOMAS CURRAN, JUDGE          :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    AUGUST 27, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           RALPH THOMAS, pro se
                              #215-574
                              Post Office Box 57
                              Marion, Ohio  43301
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DANIEL M. MARGOLIS, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Ralph Thomas, has  filed a complaint for a writ  of
mandamus  and seeks an  order from this  court that requires  the
respondent, Judge Thomas Curran, to  *** issue an order to convey
relator from the Marion Correctional Institution to Judge Curran's
courtroom and the violations of the criminal rules above be heard,
and Mr. Thomas be allowed to defend.   The respondent has filed a
motion to dismiss.
     In order  for this court  to issue a  writ of mandamus,  the
relator  must affirmatively  demonstrate  the following:  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) in the absence of the writ, the relator will
sustain an injury for which there is no plain or adequate remedy in
the ordinary course of law.  R.C. 2731.01; State ex rel. Harris v.
Rhodes (1978), 54 Ohio St.2d  41; State ex rel. Liberty Mills  v.
Locker (1986), 22 Ohio St.3d. 102; State ex rel. Brammer v. Hayes
(1955), 164 Ohio St.  373.  Herein, the  complaint for a writ  of
mandamus fails to affirmatively establish the legal right possessed
by the relator and the legal duty possessed by the respondent.  In
addition, sentencing errors, if any, must be addressed through an
appeal to  this court.    State ex  rel. Pressley  v.  Industrial
Commission of Ohio (1976), 11 Ohio St.2d 141.
     Accordingly, the respondent's motion to dismiss is  granted.
Costs to relator.
                               -3-
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.