COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 78951 STATE OF OHIO, ex rel. : DEWIGHT WHITE : : Relator : JOURNAL ENTRY : and vs. : OPINION : RONALD SUSTER, JUDGE : COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : CHARACTER OF PROCEEDING : WRIT OF MANDAMUS : (Motion No. 24558) JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : JANUARY 29, 2001 APPEARANCES: For relator : DEWIGHT WHITE, pro se S.O.C.F. #331-976 Post Office Box 45699 Lucasville, Ohio 45699-0001 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor DIANE SMILANICK, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 KENNETH A. ROCCO, P.J. -2- The relator, Dewight White, has filed a complaint for a writ of mandamus. The relator seeks an order from this court that requires the respondent, Judge Ronald Suster, to issue a ruling with regard to a motion to correct judgment entry of sentence as filed in the underlying case of State v. White, Cuyahoga County Court of Common Pleas Case No. CR-333432. The respondent has filed a motion for summary judgment. Attached to the respondent's motion for summary judgment is a copy of a journal entry, as journalized on December 19, 2000, which denied the relator's motion to correct judgment entry of sentence. Thus, the relator's request for a writ of mandamus is 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. In addition, mandamus does not lie to compel correction of the sentence imposed by the respondent since the relator possesses or possessed an adequate remedy at law through a direct appeal. State ex rel. Jennings v. Nurre (1995), 72 Ohio St.3d 596; State ex rel. Bardo v. Lyndhurst (1988), 37 Ohio St.3d 106; State ex rel. Westchester Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42. Accordingly, we grant the respondent's motion for summary judgment. Clerk to serve notices to all parties as provided in Civ.R. 58(B). Costs to relator. Writ denied. -3- MICHAEL J. CORRIGAN, J. CONCURS PATRICIA A. BLACKMON, J. CONCURS KENNETH A. ROCCO PRESIDING JUDGE .