COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79500
STATE OF OHIO                 :
                              :
          Plaintiff-Appellee  :
                              :          JOURNAL ENTRY
                              :
     vs.                      :               and
                              :
                              :             OPINION
KYRON MARLIN                  :
                              :
          Defendant-Appellant :
DATE OF ANNOUNCEMENT
OF DECISION:                       November 21, 2001
CHARACTER OF PROCEEDING:           Criminal appeal from
                                   Common Pleas Court
                                   Case Nos. CR-389964 and
                                   CR-387069
JUDGMENT:                          DISMISSED.
DATE OF JOURNALIZATION:            ________________________
APPEARANCES:
For Plaintiff-Appellee:            WILLIAM D. MASON
                                   Cuyahoga County Prosecutor
                                   ELEANORE HILOW, Assistant
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
For Defendant-Appellant:           NORMAN E. INCZE, ESQ.
                                   Goodwin, Bryan and Schill
                                   22050 Mastick Road
                                   Fairview Park, Ohio 44126
                               -2-
COLLEEN CONWAY COONEY, J.:
     Defendant-appellant Kyron Marlin appeals his convictions for
possession of crack cocaine and preparation of drugs for sale.  Sua
sponte, this appeal is dismissed at appellant's costs for lack of
a final appealable order.
     Marlin was indicted on five counts: possession of drugs with
a firearm specification, preparation of drugs for sale with school
yard and firearm specifications, possession of criminal tools with
a firearm specification, carrying a concealed weapon, and having a
weapon while under disability.  The fifth count, having a  weapon
while under disability, was severed for purposes of the trial.
     Marlin was convicted on count one, possession of crack cocaine
in an amount exceeding twenty-five grams but less than one hundred
grams.  He was also convicted of count two, preparation of  drugs
for sale with a school yard specification.  The court declared  a
mistrial regarding the firearm specifications, and the carrying a
concealed weapon and possession of criminal tools charges.
     This court  has  interpreted  Crim.R. 32(B)  as  imposing  a
mandatory duty upon  the trial court to  set forth the plea,  the
verdict or findings, and the sentence for each and every criminal
charge prosecuted.  Cleveland v. Scully (June 2, 1994),  Cuyahoga
App. No. 63919,  unreported, citing, Cleveland v. Wirtz (Aug.  1,
1991), Cuyahoga App. No. 58967, unreported.
     State v. Bourdess  (May 29, 1997), Cuyahoga App. No.  70541,
unreported, involved a situation similar to the issue at hand.  In
Bourdess, the  defendant was indicted on  four counts.  The  jury
                               -3-
found him guilty of three of the charges, but informed the  court
that they were unable to reach a verdict as to count three of the
indictment.  The defendant appealed, and this court dismissed the
appeal finding that we  had no jurisdiction because there was  no
final determination of count three.
     In the case at hand, the trial court's journal entry states:
          As  to  counts  3  and  4  and  the   firearm
          specifications in counts  1 and  2, the  jury
          advised the court  that they  were unable  to
          reach a verdict.  Count 5 will remain pending
          due to the mistrial in count 4.
     Based on this entry, we find that no final determination has
been made with regard to the specifications in counts 1 and 2, and
the charges in counts  3, 4, or 5.   Accordingly, this matter  is
dismissed for lack of an appealable order.
     If the trial court issues a final appealable order, appellant
may seek reinstatement of  this appeal within thirty days of  the
date of this entry dismissing this appeal.
                               -4-
     This  cause  is dismissed  and  case  remanded  for  further
proceedings consistent with this opinion.
     It is ordered  that appellee recover of appellant its  costs
herein taxed.  It is ordered that a special mandate issue out  of
this court directing the Cuyahoga County Court of Common Pleas to
carry this judgment into execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES D. SWEENEY, P.J., and
FRANK D. CELEBREZZE, JR., J., CONCUR
                                             JUDGE
                                      COLLEEN CONWAY COONEY
N.B.  This entry is an announcement of the court's decision.  See
App.R. 22(B), 22(D) and 26(A); Loc. App.R. 22.  This decision will
be journalized and will become the judgment and order of the court
pursuant to App.R. 22(E) unless a motion for reconsideration with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision.  The time period for
review by the Supreme Court of  Ohio shall begin to run upon  the
journalization of  this court's announcement  of decision by  the
clerk  per App.R.  22(E).   See, also,  S.Ct.Prac.R. II,  Section
2(A)(1).
 
.