Decided July 13, 1983.
Criminal law — Mandamus to compel trial court to rule on petition for post-conviction relief — Court issues findings of fact and conclusions of law pending action in mandamus — Writ properly denied as moot, when.
APPEAL from the Court of Appeals for Cuyahoga County.
On April 11, 1979, appellant, Shelley Gantt, was indicted for three counts of aggravated robbery and one count of carrying a concealed weapon, under R.C. 2911.01 and 2923.12, respectively. Appellant subsequently entered a plea of guilty to one count of aggravated robbery and he was sentenced to serve a term of seven to twenty-five years in the Chillicothe Correctional Facility.
On December 11, 1981, appellant filed a petition for post-conviction relief in the Court of Common Pleas of Cuyahoga County alleging that he was denied effective assistance of counsel. In May 1982, appellant instituted an action in the court of appeals in which he sought a writ of mandamus to compel the trial court to rule on his petition. Thereafter, Judge Frederick M. Coleman, appellee, issued his findings of fact and conclusions of law in which he concluded that no substantial grounds for relief existed in the petition for post-conviction relief. Accordingly, the petition was dismissed pursuant to R.C. 2953.21 (C). In view of Judge Coleman's decision, the court of appeals dismissed appellant's action in mandamus on the grounds of mootness.
The cause is now before this court on an appeal as of right.
Mr. Shelley Gantt, pro se. Mr. John T. Corrigan, prosecuting attorney, and Mr. Gary W. Johnson, for appellee.
It is well-established that the extraordinary writ of mandamus "* * * will not issue to compel a public official to perform a legal duty which has been completed." State, ex rel. Breaux, v. Court of Common Pleas (1977), 50 Ohio St.2d 164 [4 O.O.3d 352], citing State, ex rel. Bowman, v. Asmann (1925), 113 Ohio St. 394. Stated otherwise, the writ will not lie in order to secure a determination of issues which have become moot pending consideration by the court of appeals. State, ex rel. Hawke, v. Weygandt (1947), 148 Ohio St. 453, 456 [36 O.O. 88]. See, also, State, ex rel. Warner Swasey Co., v. Indus. Comm. (1977), 50 Ohio St.2d 152 [4 O.O.3d 346].
Since a ruling on the petition for post-conviction relief was issued during the pendency of appellant's original action, the court of appeals correctly determined that the issues raised in the complaint for a writ of mandamus had become moot. State, ex rel. Breaux, v. Court of Common Pleas, supra.
For the foregoing reasons the judgment of the court of appeals is hereby affirmed.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.