COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75498
STATE OF OHIO, ex rel.        :
ROYCE W. CRIM                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    PROCEDENDO
                              :
     vs.                      :    MOTION NO. 2424
                              :
JOSE VILLANUEVA, JUDGE        :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :    JANUARY 21, 1999
APPEARANCES:
For relator       :           ROYCE W. CRIM, pro se
                              3715 Blanche Road
                              Cleveland Heights, OH  44118
For respondent    :           CARMEN MARINO
                              Acting Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     Relator, Royce W. Crim,  through his petition for a writ  of
procedendo,  seeks  an  order  from  this  court  requiring   the
respondent, Judge Jose Villanueva, to render rulings with regard to
a  petition  seeking termination of  sentence pursuant to  [R.C.]
5145.01 for want of subject matter jurisdiction  and a  motion for
judgement (sic) on the pleading[s] Civil Rule 12(c) (sic) and stay
of judgement (sic)  as filed  in the underlying case of State  v.
Crim, Cuyahoga County  Court of Common Pleas Case No.  CR-272115.
The respondent has filed a motion for summary judgment.
     Attached to the motion for  summary judgment is a copy of  a
journal  entry,  as  journalized  on  December  2,  1998,   which
demonstrates that the respondent has rendered rulings with regard
to the  relator's motions as filed  in CR-272115.  The  relator's
petition for a writ  of procedendo is thus  moot.  State ex  rel.
Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham
v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278.
     Accordingly, the respondent's motion for summary judgment is
granted.  Costs to respondent.
     Writ denied.
ANN DYKE, J., CONCURS
.