COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 76733
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
THOMAS PATTERSON              :    MANDAMUS
                              :
               Relator        :    MOTION NO. 11202
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    NOVEMBER 10, 1999
JUDGMENT                 :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    THOMAS PATTERSON, Pro Se
                              No. 271-475
                              LECI
                              P. O. Box 56
                              Lebanon, Ohio 45036
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
                               -2-
JAMES M. PORTER, A.J.:
     On July 26, 1999,  the relator, Thomas Patterson,  commenced
this mandamus action  against the respondents, the judges of  the
Cuyahoga County Common Pleas  Court, to compel a revision in  his
sentence in the underlying case, State of Ohio v. Thomas Patterson,
Cuyahoga County Common Pleas Court Case No. CR-287342.   Although
the respondents  have neither  answered nor  filed a  dispositive
motion, this court, sua sponte, dismisses this writ action for the
following reasons.
     In the underlying case Mr. Patterson pleaded guilty to three
offenses.   The trial  court  on February  2, 1993,  imposed  the
following sentences: (1) six months for burglary, (2) one year for
carrying a  concealed weapon,  and  (3) seven  to ten  years  for
involuntary manslaughter.  The court ordered the sentences to  be
served consecutively.  On April 16, 1993, the trial court  issued
another  journal entry  changing  the  sentence  for  involuntary
manslaughter to  seven  to  twenty-five years.    Apparently  Mr.
Patterson never filed an appeal.  He now files this mandamus action
claiming that the change in sentence violated his  constitutional
rights and Criminal Rule 11.
     Mandamus, however,  is  the  wrong remedy,  and  thus,  this
application is dismissed.   The requisites for mandamus are  well
established: (1) the relator must have a clear legal right to the
requested relief, (2) the respondent must have a clear legal duty
to perform the requested relief, and (3) there must be no adequate
remedy at  law.  Additionally, although  mandamus may be used  to
                               -3-
compel a court to exercise judgment or to discharge a function, it
may not control  judicial discretion, even if that discretion  is
grossly abused. State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d
118, 515 N.E.2d  914.  Mandamus is  not a substitute for  appeal.
State ex rel. Keenan v. Calabrese (1994), 69 Ohio St.3d 176,  631
N.E.2d 119; State ex rel. Daggett v. Gessman (1973), 34 Ohio St.2d
55, 295 N.E.2d 659; Stateex rel. Pressley v. Industrial Commission
of Ohio (1967), 11 Ohio St.2d 141, 228 N.E.2d 631, Paragraph Three
of the  Syllabus.   Furthermore, if the  relator had an  adequate
remedy, regardless of whether it was used, relief in mandamus  is
precluded. State ex rel. Tran v. McGrath (1997), 78 Ohio St.3d 45,
676 N.E.2d 108; State ex rel. Boardwalk Shopping Center, Inc.  v.
Court of Appeals for Cuyahoga County (1990), 56 Ohio St.3d 33, 564
N.E.2d 86.
     In the  present case  Mr. Patterson had  or has an  adequate
remedy  through appeal  or through  a motion  for delayed  appeal
pursuant to App.R. 5.  These remedies provide a full review of the
merits of the trial court's actions on a full record.
     Accordingly, this court dismisses this mandamus action.  Costs
assessed against relator.
ANN DYKE, J., CONCURS.
                              JAMES M. PORTER,
                              ADMINISTRATIVE JUDGE
.