COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 81096
STATE OF OHIO,                :         ACCELERATED
                              :
     Plaintiff-Appellee       :
                              :        JOURNAL ENTRY
     vs.                      :              AND
                              :            OPINION
FRANKLIN SMITH, JR.,          :
                              :
     Defendant-Appellant      :
DATE OF ANNOUNCEMENT
OF DECISION                   :    AUGUST 8, 2002
CHARACTER OF PROCEEDING:      :    Civil appeal from
                              :    Common Pleas Court
                              :    Case Nos. CR-383227 and
                              :    CR-383550
JUDGMENT                      :    AFFIRMED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellee:       William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              BY: Steven L. Graines, Esq.
                              Assistant County Prosecutor
                              The Justice Center - 8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
For defendant-appellant:      Franklin Smith, Jr., Pro Se
                              Inmate No. A-387-417
                              Mansfield Correctional Institution
                              P.O. Box 788
                              Mansfield, Ohio  44901
MICHAEL J. CORRIGAN, J.:
     This case  came to be  heard upon  the accelerated  calendar
pursuant to  App.R. 11.1  and Loc.R.  11.1, the  record from  the
Cuyahoga County Court of Common Pleas and the briefs of  counsel.
                               -2-
R.C. 2953.21(A)(2) requires a petition for postconviction relief to
be filed within one hundred eighty days of the date of the filing
of the transcript in a direct appeal.  The issue in this appeal is
whether the court erred by dismissing petitioner Franklin Smith's
petition for postconviction relief on grounds that he did not file
it within the required time period.
     Smith filed the transcript of proceedings in his direct appeal
on May 3, 2001.  He did not file his petition for  postconviction
relief until December 21, 2001   two hundred thirty-two days after
he filed the transcript in his direct appeal.  The court  clearly
lacked jurisdiction  to  consider the  petition.   See  State  v.
Halliwell (1999), 134 Ohio App.3d 730, 734.  The court's lack  of
jurisdiction  renders moot  Smith's  remaining  arguments.    The
assigned errors are overruled.
     Judgment affirmed.
                               -3-
     It is ordered  that appellee recover of appellant its  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 Common  Pleas Court  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.
                                        MICHAEL J. CORRIGAN
                                             JUDGE
KENNETH A. ROCCO, P.J., and
JAMES D. SWEENEY, 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).
 
.