COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74954
STATE OF OHIO, ex rel.        :
MARVIN STEWART                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 98515
                              :
WILLIAM AURELIUS, JUDGE       :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    OCTOBER 1, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           MARVIN STEWART, pro se
                              #282-182
                              5701 Burnett Road
                              Post Office Box 901
                              Leavittsburg, Ohio  44430-0901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DANIEL M. MARGOLIS, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
PATRICIA A. BLACKMON,A.J.:
                               -2-
     Relator, Marvin Stewart, has filed a complaint for a writ of
mandamus  and seeks an  order from this  court that requires  the
respondent, Judge William Aurelius, to rule on a  motion to modify
sentences to run concurrently,  which was filed in the underlying
case of State v.  Stewart, Cuyahoga County Court of Common  Pleas
Case No. CR-299355.  The respondent has filed a motion to dismiss.
     Attached to the  motion to dismiss is  a copy of a  judgment
entry, as journalized on August 5, 1998, which demonstrates  that
the respondent has rendered a ruling with regard to the relator's
 motion to modify sentences to run concurrently.   The  relator's
request for a writ of mandamus is thus moot.  State ex rel. Gantt.
V. Coleman (1983),  6 Ohio St.3d 5;  State ex rel. Jerningham  v.
Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278.
     Accordingly, the respondent's motion to dismiss is  granted.
Costs to respondent.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
.