In State v. Whitt, Scioto App. No. 04CA2962, 2005 Ohio 5154, the defendant appealed his conviction and argued that the trial court erred by impliedly overruling his motion to dismiss, in which he asserted that the state violated his right to a speedy trial under R.C. 2945.71. There, the defendant established a prima facie case for discharge under R.C. 2945.73(B), this court recognized that once defendant established his prima facie case, the burden of proof shifted to the state to show that the speedy trial time had not expired. Id. There, the state never responded to defendant's motion, and the court did not set it for hearing. Id. at P15-16. Because the state failed to meet its burden of proving that the speedy trial time had not expired, we ordered the trial court to discharge defendant. Id. at P16-17.