COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75121
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
BOBBY NIX                     :    HABEAS CORPUS
                              :
               Relator        :    MOTION NO. 98475
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
GERALD MCFAUL, SHERIFF        :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
JUDGMENT                      :    WRIT GRANTED.
DATE OF JOURNALIZATION        :    SEPTEMBER 4, 1998
APPEARANCES:
For Relator                   :    UCHE MGBARAHO, Esq.
                                   2000 Standard Bldg.
                                   1370 Ontario Street
                                   Cleveland, Ohio 44113
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES M. PORTER, P.J.:
     Petitioner avers  that he is in  the custody of the  sheriff
because the court of common pleas revoked his $50,000 bond and set
a new bond of $500,000 after granting a surety company's motion for
surrender, relief of liability and stay of execution.  Petitioner
further avers that the increase resulted from his failing to appear
in court  due to mix [sic] dates with his counsel.   Petition, at
2.   Petitioner argues that  the increase in  the bond amount  is
excessive and requests that this court order his bail reduced.
     Petitioner (aka James West) is the defendant in the following
cases: Cuyahoga County Court of Common Pleas Case Nos. CR-358580,
360560, 360631, 361965  and 363767.   Petitioner is charged  with
several counts of possession of drugs, possession of criminal tools
and trafficking in cocaine.  Trial is set for September 30, 1998 at
petitioner's request.
     This court contacted counsel for the state who indicated that
a response to the petition would be filed on September 3, 1998.  No
response has been filed.  Further delay is inappropriate.
     The petition is supported by petitioner's affidavit in which
he avers:
     a)   he missed a pretrial  due to miscommunication with  his
          attorney;
     b)   he came to court voluntarily when he discovered that
          he failed to appear;
     c)   he posted a  new bond and did  not miss any more  court
          dates;
                               -3-
     d)   he was  not  informed that  the surety  company  sought
          release and surrender of the bond;
     e)   he was born in Cleveland, grew up in Cleveland, has all
          of his family  members in Cleveland  and has not  lived
          outside of Cleveland.
In light  of petitioner's  unchallenged averments,  we find  that
petitioner is entitled to a reduction in the amount of bail.  Cf.
In re: Miller v. McFaul (Sept. 30, 1997), Cuyahoga App. No. 73214,
unreported.
     Accordingly, petitioner's request for relief in habeas corpus
is granted.  Bail is  reduced to $100,000.00.  Respondent to  pay
costs.
DIANE KARPINSKI, J., and
JAMES D. SWEENEY, J., CONCUR
                         JAMES M. PORTER,
                         PRESIDING JUDGE
.