Opinion
NO. 75579
January 21, 1999
JUDGMENT: WRIT DENIED.
For relator: JOHN J. McKENNA, pro se.
For respondent: CARMEN MARINO, Acting Cuyahoga County Prosecutor; DIANE SMILANICK, Assistant.
Relator, John J. McKenna, seeks a writ of mandamus in order to compel the respondent, Judge Carolyn Friedland, to grant preconviction jail time credit in the underlying case of State v. McKenna, Cuyahoga County Court of Common Pleas Case No. CR-365758. The respondent has filed a motion for summary judgment.
Attached to the respondent's motion for summary judgment is a copy of a judgment entry, as journalized on December 21, 1998, which demonstrates that the relator's motion for pre-conviction jail time credit was granted in the amount of sixty-six (66) days. The respondent has fulfilled her duty to grant the relator credit for any pre-conviction incarceration; thus, the relator's request for 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.
Accordingly, we grant the respondent's motion for summary judgment. Costs to respondent.
Writ denied.
ANN DYKE, J., CONCURS
_______________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE