COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 71848
STATE OF OHIO
          Plaintiff-appellee
                                          JOURNAL ENTRY
     vs.
                                               AND
AVILA DORSEY
                                             OPINION
          Defendant-appellant
DATE OF ANNOUNCEMENT
 OF DECISION:                    DECEMBER 18, 1997
CHARACTER OF PROCEEDINGS:        Criminal appeal from
                                 Common Pleas Court
                                 Case No. CR-332774
JUDGMENT:                        Judgment Vacated, Charges
                                 Dismissed, and Defendant
                                 Discharged.
DATE OF JOURNALIZATION:
APPEARANCES:
For plaintiff-appellee:          For defendant-appellant:
STEPHANIE TUBBS JONES, ESQ.      JAMES A. DRAPER
Cuyahoga County Prosecutor       Cuyahoga County Public Defender
EDWARD F. FERAN, ESQ.            DANIEL SCULLY, ESQ.
L.C. FREY, ESQ.                  Assistant Public Defender
Assistant County Prosecutors     100 Lakeside Place
The Justice Center               1200 West Third Street
9th Floor                        Cleveland, Ohio 44113-1569
1200 Ontario Street
Cleveland, Ohio  44113
KARPINSKI, J.:
                               -2-
     We  vacate defendant's  convictions  for  violation  of  his
statutory right to speedy trial.  R.C. 2945.73(B).
     The record shows that defendant was brought to trial more than
two hundred seventy days after his arrest on these charges.  R.C.
2945.71(C)(2). The prosecution specifically concedes the violation
of his statutory right to speedy trial in this case and does  not
argue that  any delay was caused  by motions filed by  defendant.
Brief at p. 8; R.C. 2945.72(E).
     It is well established, contrary to the trial court's ruling
(Tr. at p. 8-12), that unjournalized continuances do not toll the
period for bringing a defendant to trial.  State v. Mincey (1982),
2 Ohio St.3d 6, syllabus; State v. Collura (1991), 72 Ohio App.3d
364.
     Accordingly, defendant's first  assignment of error is  well
taken. In light of our resolution of this assignment, defendant's
second assignment  of  error concerning  the sufficiency  of  the
evidence is moot, and we decline to address it pursuant to App.R.
12(A)(1)(c).
     Judgment vacated, charges dismissed, and defendant discharged.
      The clerk of the  court of appeals is hereby instructed  to
immediately journalize this entry and opinion, which now  becomes
the final judgment and order of this court.
                               -3-
     It is, therefore, ordered that appellant recover of appellee
his costs herein taxed.
     It is ordered that a special mandate be sent to said court to
carry this judgment into execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
DYKE P.J., and
JAMES D. SWEENEY, J., CONCUR.
.