COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75375
STATE OF OHIO, ex rel.        :
DORION HILL                   :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 2943
                              :
JUDGE PEGGY FOLEY JONES       :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT GRANTED.
DATE OF JOURNALIZATION        :    FEBRUARY 4, 1999
APPEARANCES:
For relator       :           DORION HILL, pro se
                              #208-557
                              Mansfield Correctional Institute
                              Post Office Box 788
                              Mansfield, Ohio  44901
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              GAIL D. BAKER, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     Dorion  Hill,  relator,   alleges  in  his  complaint   that
respondent, Judge  Peggy  Foley Jones,  denied his  petition  for
postconviction relief on or about October 31, 1996, in C.P.  Case
No.  CR-226126, but  has  failed to  file  findings of  fact  and
conclusions of  law.   Respondent  moved to  dismiss or,  in  the
alternative, moved for  summary judgment, attached a copy of  the
trial court's  opinion on  the merits  of the  actual case  dated
January 31, 1989, and attempted to argue the issue was moot.  This
court denied respondent's motion stating that the opinion from the
actual trial in 1988-89 could not be substituted for the findings
of fact  and conclusions  of law  to which  relator was  entitled
pursuant to R.C. 2953.21(C).
     On November 19, 1998, this court issued an alternative writ of
mandamus ordering  Judge  Jones to  issue  findings of  fact  and
conclusions of  law on or  before December 21,  1998, or to  show
cause, in writing, on or before December 21, 1998, why a permanent
writ of mandamus should  not be issued.   As of this date,  Judge
Jones has  not responded to the  alternative writ issued by  this
court. R.C. 2731.10 provides that  "[i]f no answer is made to  an
alternative writ of mandamus, a peremptory mandamus must be allowed
against the [respondent]."  State ex rel. Papp v. Norton (1993), 66
Ohio St.3d 162, 610 N.E.2d 979.  Accordingly, a writ of mandamus is
hereby  granted ordering  respondent,  without  delay,  to  issue
                               -3-
findings of fact and conclusions of law for the denial of relator's
petition for  postconviction relief in  Cuyahoga County Court  of
Common Pleas Case No. CR-226126.
     Writ granted.  Costs to respondent.
ANN DYKE, J., CONCURS
.