COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68878 CITY OF CLEVELAND HEIGHTS : ACCELERATED CASE : Plaintiff-Appellee : : JOURNAL ENTRY -vs- : AND : OPINION BRANDON JONES : : PER CURIAM Defendant-Appellant : : DATE OF ANNOUNCEMENT OF DECISION: SEPTEMBER 21, 1995 CHARACTER OF PROCEEDING: CRIMINAL APPEAL FROM THE CLEVELAND HEIGHTS MUNICIPAL COURT CASE NO. 92-TRD-16028 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: KIM T. SEGEBARTH (#0018872) City Prosecutor City of Cleveland Heights 40 Severance Circle Cleveland Heights, Ohio 44118 For Defendant-Appellant: DAVID A. CRISAFI (#0059679) 600 Standard Building 1370 Ontario Street Cleveland, Ohio 44113 - 2 - 2 PER CURIAM: Defendant-appellant Brandon Jones ("appellant") appeals his conviction for improper passing in violation of Cleveland Heights Municipal Code Section 331.05 and for leaving the scene of an accident, in violation of Cleveland Heights Municipal Code Section 335.12. Appellant assigns the following error upon appeal: THE TRIAL COURT ERRED IN OVERRULING DEFENDANT- APPELLANT'S MOTION TO DISMISS BASED UPON SPEEDY TRIAL GROUNDS. Finding the assignment of error to lack merit, we affirm. I. On December 15, 1992, appellant was issued two citations for improper passing and leaving the scene of an accident. Appellant entered a plea of no contest at his arraignment on December 30, 1992. The record is not clear whether appellant was found guilty of the two charges at that time. On April 19, 1993, appellant requested the trial court's permission to withdraw his earlier plea of no contest and enter a plea of not guilty. On April 22, 1993, the trial court granted the motion. Trial was originally set for May 27, 1993, but was continued at the city's request. Trial was held on June 24, 1993. Appellant was found guilty of both counts. II. In his assignment of error, appellant contends his constitu- tional right to a speedy trial was violated as his trial was not - 3 - 3 held until almost six months after the traffic citations were issued. Appellant argues that, at most, he should have been tried on or before March 30, 1993. He claims it was error for the trial court to overrule his motion for a dismissal on speedy trial grounds. R.C. 2945.73(B) provides: Upon motion made at or prior to the com- mencement of trial, a person charged with an offense shall be discharged if he is not brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code. Thus, the speedy trial provisions of R.C. 2945.71 are not self- executing but must be asserted by a defendant by way of a motion made prior to or at the beginning of trial. Otherwise, the right is deemed to be waived. See State v. Thompson (1994), 97 Ohio App.3d 183. Appellant asserts he made an oral motion to dismiss based on speedy trial grounds at the close of the prosecutor's case during the trial. He states that the proceedings were recorded on audiotape but could not be transcribed. App.R. 9(A) requires proceedings recorded by means other than video tape be transcribed into written form. Appellant has failed to do so. There is no transcript, statement of evidence, or agreed statement of the hearing before this court. See App.R. 9(B), (C), and (D). It is the appellant's burden to provide an adequate record to this court demonstrating the claimed error. Baker v. Cuyahoga Cty. Court of Common Pleas (1989), 61 Ohio App.3d 59, 62. - 4 - 4 The appellant must show error by reference to matters in the record. Knapp v. Edwards Laboratories (1980), 61 Ohio St.2d 197, 199. When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm. Id. There is nothing in the record reflecting appellant made a motion to dismiss for lack of a speedy trial either prior to or during trial. It was appellant's burden to show such a motion was made. In the absence of an adequate record, the trial court's proceedings are presumed regular and valid and the conviction must be affirmed. Appellant's assignment of error is overruled. Judgment affirmed. - 5 - 5 This cause is affirmed. It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Cleveland Heights Municipal Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. LEO M. SPELLACY, PRESIDING JUDGE PATRICIA BLACKMON, JUDGE JOSEPH J. NAHRA, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, at which .