COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75018
STATE OF OHIO, ex rel.        :
DAVID LESURE                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 99044
                              :
STEPHANIE TUBBS JONES,        :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY PROSECUTOR    :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :    OCTOBER 22, 1998
APPEARANCES:
For relator       :           DAVID LESURE, pro se
                              Cuyahoga County Jail 8H14
                              Post Office Box 5600
                              Cleveland, Ohio  44101
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              GAIL D. BAKER
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Realtor, David Lesure, has  filed a complaint for a writ  of
mandamus and  seeks and order from  this court that requires  the
respondent, Stephanie Tubbs Jones, Cuyahoga County Prosecutor, to
dismiss the indictments  as issued in  State v. Lesure,  Cuyahoga
County  Court of Common  Pleas Case No.  CR-363521, and State  v.
Lesure, Cuyahoga County Court of Common Pleas Case No. CR-363531.
The respondent has filed a motion to dismiss.
     In order  for this court  to grant a  writ of mandamus,  the
relator must 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 of mandamus, the relator will sustain an
injury for which 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.  In the case sub judice, the relator has failed to
demonstrate  each  prong   of  the  aforesaid  three-part   test.
Specifically, the relator  has failed to  demonstrate that he  is
entitled to a dismissal of the indictments as issued in  Cuyahoga
County Case Nos. CR-363521 and CR-363531.  In addition, the relator
has failed to  demonstrate that the respondent possesses a  clear
legal duty to dismiss the indictments as issued in Cuyahoga County
Court of Common Pleas Case Nos. CR-363521 and CR-363531.  Finally,
the relator has failed to demonstrate that in the absence of a writ
of  mandamus, there exists  no plain and  adequate remedy in  the
                               -3-
ordinary course of  law.  See State  ex rel. Peeples v.  Anderson
(1995), 73 Ohio St.3d 559;  State ex rel. Edwards v. Toledo  City
School Dist. Bd. of  Edn. (1995), 72 Ohio St.3d 106.
     Accordingly, we grant  the respondent's  motion to  dismiss.
Costs to relator.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
.