COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75161
STATE OF OHIO, ex rel.        :
JEFFREY MONTGOMERY            :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 00683
                              :
PEGGY FOLEY JONES, JUDGE      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    GRANTED IN PART; DENIED IN
                                   PART.
DATE OF JOURNALIZATION        :    NOVEMBER 25, 1998
APPEARANCES:
For relator       :           JEFFREY MONTGOMERY, pro se
                              #340-870
                              Post Office Box 57
                              Marion, Ohio  43301
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Jeffrey Montgomery, seeks a writ of mandamus in order
to compel the respondent, Judge Peggy Foley Jones, to determine the
jail  time  credit  due  in the  underlying  cases  of  State  v.
Montgomery, Cuyahoga County Common Pleas Case Nos. CR-339542  and
CR-341273.   In addition,  the relator  seeks a  ruling from  the
respondent that requires the return of personal property that was
seized in the  underlying case of  State v. Montgomery,  Cuyahoga
County Court of Common Pleas Case No. CR-341273.  The  respondent
has filed a motion for summary judgment, which this Court grants in
part for the following reasons.
     A review of  the record in  CR-341273 demonstrates that  the
respondent granted the  relator eleven days of jail time  credit.
Thus,  the request for  jail time credit  in CR-341273, is  moot.
State ex rel.  Corder v. Wilson  (1991), 68 Ohio  App.3d 567.   A
review of the  record in CR-339542,  however, discloses that  the
relator's request for jail time credit remains pending.  Since the
respondent possesses a duty to specify in the record the number of
days of confinement prior to conviction, mandamus lies to  compel
the respondent to calculate jail time credit in CR-339542.   R.C.
2949.08 and 2949.12.
     The relator's request for mandamus with regard to the return
of personal property is moot.  The record in CR-341273 reveals that
the respondent journalized four separate orders that required the
                               -3-
return of the relator's personal property.  Thus, the request for
mandamus,  with regard  to the  return of  personal property,  is
denied.
     Accordingly, the respondent's motion for summary judgment is
granted in  part and denied  in part.   Respondent is ordered  to
calculate the jail  time credit, if any,  due the realtor in  CR-
339542.  Costs to respondent.
     Writ granted in part and denied in part.
JAMES M. PORTER, J., CONCURS
.