573 N.E.2d 69
No. 90-1739Supreme Court of Ohio.Submitted January 22, 1991 —
Decided May 29, 1991.
Mandamus seeking transcript of court proceedings at state’s expense and suspension of execution of sentence pending appeal — Mootness — Affirmance on appeal when matters argued do not relate to the mandamus action at issue.
APPEAL from the Court of Appeals for Cuyahoga County, No. 58190.
On August 1, 1989, appellant, Jesse R. Jackson, filed a complaint for a writ of mandamus in the Court of Appeals for Cuyahoga County seeking various forms of relief in connection with his conviction for a gambling violation in the Cleveland Municipal Court. The court of appeals considered only two parts of appellant’s complaint as properly sounding in mandamus — his request for a transcript of the municipal court proceedings at state expense, and his request for suspension of execution of sentence pending appeal.
On August 28, 1990, the court found that it had ordered the requested transcript in the direct appeal of appellant’s conviction; that appellant had been discharged from the municipal court’s jurisdiction on September 22, 1989; and that both
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issues were, therefore, moot. It granted appellee’s motion to dismiss.
Appellant appealed to this court as a matter of right. Appellee has filed a motion to dismiss because the appeal was not timely filed.
Jesse R. Jackson, pro se.
Mark A. McClain, chief prosecutor, and Edward T. Buelo, for appellee.
Per Curiam.
We overrule appellee’s motion to dismiss and proceed to consideration on the merits.
In his brief, appellant argues matters germane to his criminal conviction and appeal — invalid warrant, discovery rights, and right to a new trial. None of these issues relates to the mandamus action at issue. Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.