COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79569
                                :
                                :
CITY OF CLEVELAND HEIGHTS       :
                                :
     Plaintiff-Appellee         :
                                :       JOURNAL ENTRY
v.                              :             AND
                                :           OPINION
STEVEN SHABINO                  :
                                :
     Defendant-Appellant        :
DATE OF ANNOUNCEMENT
OF DECISION:                    DECEMBER 13, 2001
CHARACTER OF PROCEEDING:        CRIMINAL APPEAL FROM
                                CLEVELAND HEIGHTS
                                MUNICIPAL COURT
                                CASE NO. TRD 0100143.
JUDGMENT:                       AFFIRMED.
DATE OF JOURNALIZATION:        __________________________
APPEARANCES:
For Plaintiff-Appellee:        KIM SEGEBARTH (0018872)
                               City Prosecutor
                               City of Cleveland Heights
                               40 Severance Circle
                               Cleveland Hts., OH 44118
For Defendant-Appellant:       NATE N. MALEK (0067380)
                               Malek, Dean & Associates, LLC
                               32901 Station Street
                               Suite 206
                               Solon, OH 44139
JUDGE TERRENCE O'DONNELL:
     Steven Shabino  appeals  from a  judgment of  the  Cleveland
Heights Municipal Court entered following a bench trial, where the
court found him guilty of speeding, in violation of Section 333.03
of the Codified Ordinances of Cleveland Heights.
                               -2-
     On appeal,  Shabino presents  two assignments  of error  for
review: the first, contending  his conviction should be  reversed
because the city  presented insufficient  evidence regarding  the
proper calibration of the radar equipment, and the second, alleging
his conviction is against the manifest weight of the evidence.  We
recognize that these same assignments of error comprised the appeal
in City  of Cleveland  Heights  v. Daniel  Katz (Dec.  6,  2001),
Cuyahoga App. No. 79568, where we rejected them.
     Based on our decision in City of Cleveland Heights v. Daniel
Katz, we affirm the judgment of the court in this case.
     Judgment affirmed.
                               -3-
     It is  ordered that  appellee recover  from appellant  costs
herein taxed.
     The court finds there were reasonable grounds for this appeal.
     It is ordered that a special mandate issue out of this court
directing the  Cleveland Heights  Municipal Court  to carry  this
judgment into execution.  The defendant's conviction having  been
affirmed, any bail pending appeal is terminated.  Case remanded to
the trial court for execution of sentence.
     A certified copy of this entry shall constitute the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                                      TERRENCE O'DONNELL
                                            JUDGE
TIMOTHY E. McMONAGLE, P.J. and
ANN DYKE, J., CONCUR.
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).
 
.