COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75290
STATE OF OHIO, ex rel.        :
LARRY COLLINS                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    PROCEDENDO
                              :
     vs.                      :    MOTION NO. 1497
                              :
THOMAS J. POKORNY, JUDGE      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :    DECEMBER 17, 1998
APPEARANCES:
For relator       :           LARRY COLLINS, pro se
                              #A232-502
                              Post Office ox 57
                              Marion, Ohio  43301-0057
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              SALEH S. AWADALLAH, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Larry Collins, seeks a writ of procedendo in order to
compel the respondent, Judge Thomas J. Pokorny, to issue findings
of fact and conclusions  of law with regard  to a motion for  new
trial that was filed in the underlying case of State v.  Collins,
Cuyahoga County  Court of Common Pleas  Case No. CR-252432.   The
respondent has filed a motion to dismiss.
     The respondent possesses no legal duty to issue findings  of
fact and conclusions of law with regard to a motion for new trial
as made pursuant to Crim.R. 33.  See State ex rel. Collins  (Mar.
20, 1997), Cuyahoga App. No. 71960, unreported.  Cf. State ex rel.
Ney v. Niehaus (1987), 33 Ohio St.3d 118; State ex rel. Westchester
Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42.
     Accordingly, the respondent's motion to dismiss is  granted.
Costs to relator.
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.