COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78948
STATE, EX REL, JACKIE       :
MILLER                      :
                            :      PETITION FOR WRIT OF
     Relator                :
                            :            MANDAMUS
     vs.                    :
                            :
JUDGE BURT W. GRIFFIN       :
                            :
     Respondent             :
                            :
JUDGMENT                    :      WRIT DENIED.
DATE OF JOURNALIZATION      :      MARCH 22, 2001
APPEARANCES:
For relator:                       JACKIE MILLER, pro se
                                   #44888
                                   2675 East 30th Street
                                   Cleveland, Ohio 44115
For respondent:                    WILLIAM D. MASON, Esq.
                                   Cuyahoga County Prosecutor
                                   GAIL D. BAKER, Esq.
                                   Assistant County Prosecutor
                                   The Justice Center
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
SWEENEY, JAMES D., P.J.:
     Relator avers that she is the defendant in State v.  Miller,
Cuyahoga County Court of Common Pleas Case No. CR-349132, which is
assigned to respondent judge.  She was indicted for and convicted
of kidnapping, burglary and grand theft after pleading no contest.
Respondent denied her motion to vacate her no contest plea and this
court affirmed that judgment in State v. Miller (June 15,  2000),
Cuyahoga App. No. 76310, unreported.
     Relator avers that the Cleveland Municipal Court does not have
a complaint against her regarding these charges.  Relator  argues
that  she is  entitled  to relief  in  mandamus from  this  court
compelling respondent to vacate the conviction and sentence issued
in Case No. CR-349132.
     In State ex  rel. Dozier v. Court  of Common Pleas (June  3,
1999), Cuyahoga App. No.  76151, unreported, the relator  claimed
that his convictions were void because no criminal complaints were
filed in his criminal cases.
     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, 708  N.E.2d  712, 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.
Id. at 1-2.
     In  her  complaint  in  this  action  in  mandamus,  relator
acknowledges that an indictment was issued on each charge.  We must
hold, therefore,  that the absence of  a complaint does not  void
                               -3-
relator's conviction.
     Additionally,  relator  effectively  seeks  discharge   from
incarceration.
     [M]andamus is not the appropriate remedy to effect  the
     desired  relief,  relator's  immediate  discharge  from
     prison, resulting from the nullification of the charges.
     The Supreme Court of Ohio has held that "habeas corpus,
     rather  than mandamus,  is the  appropriate action  for
     persons claiming entitlement to immediate release  from
     prison." State  ex  rel. Lemmon  v. Ohio  Adult  Parole
     Authority (1997), 78  Ohio St. 3d 186, 188, 677  N.E.2d
     347. See, also,  State ex rel.  Johnson v. Ohio  Parole
     Board (1997), 80 Ohio St. 3d 140, 684 N.E.2d 1227,  and
     State ex rel. Smith v. Yost (1998), 81 Ohio St. 3d 111,
     689 N.E.2d 565.
State ex rel. Nelson v. Moore (Nov. 22, 2000), Cuyahoga App.  No.
78709, unreported, at 2.  Relief in mandamus would not, therefore,
be appropriate.
     Accordingly, we grant respondent's motion to dismiss petition
for writ of mandamus and motion for summary judgment.  Relator to
pay costs. The clerk is directed to serve upon the parties notice
                               -4-
of this judgment and its date of entry upon the journal.   Civ.R.
58(B).
     Writ denied.
PATRICIA A. BLACKMON, J., and
ANNE L. KILBANE, J., CONCUR.
                                           JAMES D. SWEENEY
                                           PRESIDING JUDGE
 
.