COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           No. 82546
S/O, EX REL; TOMMY SUMMERS   :         ORIGINAL ACTION
                             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE SHIRLEY S. SAFFOLD     :
                             :
          Respondent         :
DATE OF JOURNALIZATION:           JULY 1, 2003
CHARACTER OF PROCEEDINGS:         WRIT OF PROCEDENDO
JUDGMENT:                         Writ Allowed
                                  Motion No. 349911
APPEARANCES:
For Relator:                      TOMMY SUMMERS, PRO SE
                                  Inmate No. 432-533
                                  Pickaway Correctional Inst.
                                  P.O. Box 209
                                  Cleveland, Ohio 43146
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
                               -2-
ANNE L. KILBANE, J.:
    Tommy Summers, requests that this court compel Judge Shirley
Strickland Saffold to enter judgment on his motion for jail time
credit in State v. Summers, Cuyahoga County Court of Common Pleas
Case No. CR-423345 filed on August 14, 2002.
    No response has been filed to the complaint. For the reasons
stated below, we grant relief in procedendo sua sponte.
    A review of the docket in Case No. CR-423345 reflects that,
although the judge has granted Summers'motion and stated "sheriff
to calculate," she has yet to indicate the number of days of jail
time credit.
    "A] trial court possesses a clear legal duty to specify
    in the record of conviction and sentence the number of
    days a person was confined prior to conviction and
    sentence. State ex rel. Johnson v. O'Donnell (Oct. 4,
    1994), Cuyahoga App. No. 67783, unreported; State ex
    rel. Andrews v. Corrigan (Oct. 11, 1991), Cuyahoga App.
    No. 62253, unreported."
    "In the case sub judice, mandamus lies since the relator
    is entitled to a credit for any incarceration that
    occurred prior to conviction and sentence, the trial
    court possesses a clear legal duty to calculate and
    state in a journal entry the number of days the relator
    was incarcerated prior to conviction and sentence, and
    the relator possess[es] no plain and adequate remedy at
    law. In addition, a statement or letter issued by the
    Cuyahoga County Sheriff, which states the number of days
    of pre-conviction jail time credit, does not discharge
    the respondent's duty to specify the amount of pre-
    conviction jail time credit in a journal entry. Cf.
    State ex rel. Wright v. Court of Common Pleas (Nov. 6,
    1995), Cuyahoga App. No. 69200, unreported; State ex
                               -3-
     rel. Goolsby v. Cleary (Aug. 14, 1995), Cuyahoga App.
     No. 69119, unreported; State ex rel. Spruce v. Cleary
     (Aug. 17, 1995), Cuyahoga App. No. 69047, unreported."1
Likewise, in this case, the judge has not discharged her duty to
specify the number of days jail time credit and relief in
procedendo is appropriate.
     Accordingly, we grant the request for relief in procedendo.
Within 14 days of the date of this entry, the judge is ordered to
issue a journal entry that specifies the number of days Summers
was incarcerated prior to conviction and sentencing in Case No.
CR-423345. The clerk is directed to serve upon the parties notice
of this judgment and its date of entry upon the journal. Civ.R.
58(B).
     Writ allowed.
                                        ANNE L. KILBANE
                                        PRESIDING JUDGE
JUDGE ANN DYKE, J., CONCURS
SEAN C. GALLAGHER, J., CONCURS
     1 State ex rel. Ezell v. Corrigan (Oct. 7, 1999), Cuyahoga
App. No. 76722, at 2-3.
 
.