Notwithstanding the bench warrant, there is nothing in the record to indicate the appellant was ever notified of a February 13 hearing or, in fact, that such a hearing was scheduled. On the record submitted, we can only conclude that the state failed, without justification, to bring appellant to trial within the statutory period. The state's failure to comply with the mandate's of the Ohio speedy trial statute requires the discharge of the defendant. Appellant's single assignment of error is found well-taken. Appellant is ordered discharged.
Court costs to appellee.