Opinion
No. 76-836
Decided February 16, 1977.
Mandamus — To compel post-conviction relief hearing — Not warranted, when.
APPEAL from the Court of Appeals for Clark County.
This is an appeal as of right from the denial of a petition for a writ of mandamus by the Court of Appeals.
The record before this court shows that appellant's mandamus action was filed below on July 9, 1976. The relief sought was an order directing appellee, judge of the Court of Common Pleas of Clark County, to proceed to a determination of appellant's motion to vacate judgment and set aside sentence, which motion was filed in that court on June 7, 1976.
The time lapse between the filing of appellant's motion to vacate and his mandamus action in the Court of Appeals was approximately one month.
Mr. Marvin Rife, pro se. Mr. James A. Berry, prosecuting attorney, for appellee.
State, ex rel. Lowe, v. Common Pleas Court (1977), 49 Ohio St.2d 168, decided this date, is dispositive of this appeal. In Lowe, the time period between the filing of the petition for post-conviction relief in the trial court and the mandamus action in the appellate court was longer than the period involved here.
Accordingly, the judgment of the Court of Appeals, denying the writ, is affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.