COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 77037
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
FRANKLIN C. ROGERS            :    MANDAMUS
                              :
               Relator        :    MOTION NO. 12309
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
CHRISTOPHER BOYKO, JUDGE      :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    DECEMBER 23, 1999
JUDGMENT                 :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    FRANKLIN C. ROGERS, Pro Se
                              No. R134-775
                              P. O. Box 56
                              Lebanon, Ohio 45036-0056
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
JAMES M. PORTER, A.J.:
     On October 1, 1999, the relator, Franklin Rogers,  commenced
this mandamus action against the respondent, the Cuyahoga  County
                               -2-
Common Pleas Court, to  compel the court to  rule on a motion  to
withdraw guilty plea filed on November 23, 1998, in the underlying
case, State of  Ohio v. Franklin  Rogers, Cuyahoga County  Common
Pleas  Court  Case No.  CR-201060.    On October  29,  1999,  the
respondent,  through the  Cuyahoga County  Prosecutor, moved  for
summary  judgment on the  grounds of mootness.   Attached to  the
dispositive motion was a copy of a certified journal entry, filed
October 27, 1999, which denied the motion to  withdraw guilty plea.
The attachment  establishes  that  Mr. Rogers  has  received  the
requested  relief, a  ruling on  his motion.   Accordingly,  this
mandamus action  is  moot, the  motion  for summary  judgment  is
granted, and  this writ action is  dismissed.  Respondent to  pay
costs.
ANN DYKE, J., CONCURS.
.