COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76151 STATE OF OHIO ex rel. : MICHAEL DOZIER : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 6843 : COURT OF COMMON PLEAS : JOURNAL ENTRY AND OPINION CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : JUNE 3, 1999 APPEARANCES: For relator : MICHAEL DOZIER, pro se #152-930 Post Office Box 69 London, Ohio 43140 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor SALEH S. AWADALLAH, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES M. PORTER, A.J. Michael Dozier, relator, is seeking a writ of mandamus to compel respondent, the Court of Common Pleas of Cuyahoga County, to vacate his convictions in C.P. Case Nos. CR-38218 and CR-39135. Relator claims his convictions are void since there were no criminal complaints filed in his criminal cases. Respondent moved for summary judgment and attached certified copies of the indictments filed in 1978 in relator's cases. Relator filed a brief in opposition and attached the affidavit of his mother, who averred that she combed the records of his criminal cases and found no complaints/affidavits filed pursuant to Crim.R. 3 and 12(A). A criminal case may be instituted, however, by not only a complaint but also by a citation or an indictment. See Crim.R. 3, 4.1, 6, 7. Relator was convicted and sentenced upon indictments as demonstrated by respondent, see, also, State ex rel. Dozier v. Mack (1999), 85 Ohio St.3d 368, so the absence of a criminal complaint in relator's file is irrelevant and does not void relator's convictions. Accordingly, we grant respondent's motion for summary judgment. Judgment for respondent. Costs to relator. ANN DYKE, J., CONCURS .