See, also, State v. Singer, supra; State v. Tope (1978), 53 Ohio St.2d 250, 7 O.O. 3d 408, 374 N.E.2d 152. This court has said that the provisions of R.C. 2945.71 implement the constitutional guarantee of a speedy trial found in the Constitution of Ohio, and thus "are mandatory and must be strictly complied with by the state. * * *" State v. Pudlock (1975), 44 Ohio St.2d 104, 105, 73 O.O. 2d 357, 358, 338 N.E.2d 524, 525. For a waiver to be entered into knowingly, it is elementary that the defendant understand the nature of the charges against him, as well as know exactly what is being waived and the extent of the waiver.
The speedy trial requirements are a "rational effort to enforce the constitutional right to a public speedy trial of an accused charged with the commission of a felony or a misdemeanor and shall be strictly enforced by the courts of this state." State v. Pachay (1980), 64 Ohio St.2d 218, 18 O.O.3d 427, 416 N.E.2d 589, syllabus; State v. Adams (1989), 43 Ohio St.3d 67, 68, 538 N.E.2d 1025, 1027; State v. Pudlock (1975), 44 Ohio St.2d 104, 105, 73 O.O.2d 357, 358, 338 N.E.2d 524, 525. However, these provisions are not to be considered absolute and a certain amount of flexibility is intended.
See, also, State v. Singer, supra; State v. Tope (1978), 53 Ohio St.2d 250, 7 O.O.3d 408, 374 N.E.2d 152. This court has said that the provisions of R.C. 2945.71 implement the constitutional guarantee of a speedy trial found in the Constitution of Ohio, and thus `are mandatory and must be strictly complied with by the state. * * *' State v. Pudlock (1975), 44 Ohio St.2d 104, 105, 73 O.O.2d 357, 358, 338 N.E.2d 524, 525. "For a waiver to be entered into knowingly, it is elementary that the defendant understand the nature of the charges against him, as well as know exactly what is being waived and the extent of the waiver.
{¶42} Ferrante's holding, however, is not clear cut. At the time of its release, the Ohio Supreme Court had not yet issued State v. Pudlock, 44 Ohio St.2d 104 (1975), finding that a short delay beyond the speedy trial deadline could be permissible if the trial court first issued a judgment entry continuing the matter and stating the reasons therefor. Thus, Ferrante was dealing with two unique questions.
This provision includes any reasonable continuance ordered sua sponte provided it meets the reasonableness test both as to reason and duration. The Ohio Supreme Court has expressly stated in State v. Pudlock (1975), 44 Ohio St.2d 104, 105-106, 73 O.O.2d 357, 358, 338 N.E.2d 524, 525, that "[t]he provisions of R.C. 2945.71 and 2945.73 * * * are mandatory and must be strictly complied with by the state." (Citations omitted.)
This court has repeatedly held that Ohio's speedy-trial statutes are mandatory and that the state must strictly comply with their provisions. See, e.g., State v. Pudlock (1975), 44 Ohio St.2d 104, 105, 73 O.O.2d 357, 358, 338 N.E.2d 524, 525; State v. Singer (1977), 50 Ohio St.2d 103, 105, 4 O.O.3d 237, 238, 362 N.E.2d 1216, 1218; State v. Tope (1978), 53 Ohio St.2d 250, 252, 7 O.O.3d 408, 409, 374 N.E.2d 152, 154; State v. Pachay (1980), 64 Ohio St.2d 218, 18 O.O.3d 427, 416 N.E.2d 589, syllabus; State v. Adams (1989), 43 Ohio St.3d 67, 68, 538 N.E.2d 1025, 1027. The state, however, relies on dicta in State v. Ladd (1978), 56 Ohio St.2d 197, 201, 10 O.O.3d 363, 365, 383 N.E.2d 579, 582, to argue that when legislative goals and judicial autonomy would be frustrated by its enforcement, the speedy-trial statute will not be given effect.
He contends that the violence done to the right of the accused by doubling the period specifically chosen by the General Assembly to implement the constitutional guarantee of a speedy public trial is far greater than the administrative benefit of giving the mayor's and municipal courts time to accommodate their current docketing systems. Cook, citing State v. Pudlock (1975), 44 Ohio St.2d 104, 106, 73 O.O.2d 357, 358, 338 N.E.2d 524, 525, and State v. Wentworth (1978), 54 Ohio St.2d 171, 174, 8 O.O.3d 162, 164, 375 N.E.2d 424, 427, expresses concern that the Partlow rule conflicts with what he describes as the dual bedrock principles of speedy trial jurisprudence. The first is the principle that broad interpretation of the R.C. 2945.72 extension statute would frustrate the purpose of the speedy trial protections.
In State v. Pachay (1980), 64 Ohio St.2d 218, 18 O.O.3d 427, 416 N.E.2d 589, syllabus, we observed that R.C. 2945.71 et seq. "* * * constitute a rational effort to enforce the constitutional right to a public speedy trial of an accused charged with the commission of a felony or a misdemeanor and shall be strictly enforced by the courts of this state." Moreover, as was emphasized in State v. Pudlock (1975), 44 Ohio St.2d 104, 106, 73 O.O.2d 357, 358, 338 N.E.2d 524, 525, we will not permit the state to engage in "* * * practices which undercut the implementation of the `speedy trial' provisions within R.C. 2945.71 and 2945.73 * * *." In reviewing whether a particular practice has undercut the implementation of the speedy-trial provisions, we approve of the language in United States v. Turner (C.A.9, 1991), 926 F.2d 883, 889, which stated:
We have determined that "* * * R.C. 2945.71 et seq., constitute a rational effort to enforce the constitutional right to a public speedy trial of an accused charged with the commission of a felony or a misdemeanor and shall be strictly enforced by the courts of this state." State v. Pachay (1980), 64 Ohio St.2d 218, 18 O.O. 3d 427, 416 N.E.2d 589, syllabus; see, also, State v. Pudlock (1975), 44 Ohio St.2d 104, 73 O.O. 2d 357, 338 N.E.2d 524. Thus, for purposes of bringing an accused to trial, the statutory speedy trial provisions of R.C. 2945.71 et seq. and the constitutional guarantees found in the United States and Ohio Constitutions are coextensive.
The Supreme Court of Ohio, when faced with facts similar to those in the instant case, reversed the defendant's conviction and discharged the defendant. State v. Pudlock, 44 Ohio St.2d 104, 338 N.E.2d 524 (1975). The Court explained ( 44 Ohio St.2d at 106, 338 N.E.2d 524):