BRADFORD, J.
On March 19, 2009, Robinson filed a pro se motion for an early trial pursuant to Criminal Rule 4(B). On March 23, 2009, the trial court set the matter for an initial hearing on April 13, 2009, and issued a transportation order to the Elkhart County Sheriff (“Sheriff”) to transport Robinson from his current placement in the Westville Correctional Facility and deliver him to the trial court. The Sheriff failed to transport Robinson for his initial hearing. On April 21, 2009, the trial court rescheduled the matter for an initial hearing on June 1, 2009, and again issued a transportation order to the Sheriff to transport Robinson from the Westville Correctional Facility to the trial court. The Sheriff again failed to transport Robinson for his initial hearing.
On June 8, 2009, the Sheriff transported Robinson from the Westville Correctional Facility to the trial court, and the court conducted an initial hearing. At this hearing, Robinson questioned the timeliness of the hearing in light of his motion for an early trial and was appointed counsel. Later that same day, Robinson filed a Motion for Discharge for failure to prosecute within seventy days pursuant to Indiana Rule of Criminal Procedure 4(B)(1). On June 11, 2009, the trial court denied Robinson’s motion, and the matter proceeded to trial at which Robinson was convicted of Class D felony escape. Robinson now appeals.
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The record reveals that on March 13, 2009, Robinson filed a pro se motion for an early trial pursuant to Criminal Rule 4(B). Robinson was not tried until June 11, 2009, eighty-four days after Robinson filed his request for an early trial. Robinson did not request any delays, and the State’s failure to prosecute him within the seventy-day period prescribed in Criminal Rule 4(B) could not be attributed to any action by Robinson. Likewise, neither the State nor the trial court followed the procedures outlined in Criminal Rule 4(B) regarding a continuance for congestion of the court calendar or an emergency, and no order was issued asserting such congestion or emergency existed. We acknowledge the State’s argument that it allegedly did everything it could to ensure that Robinson received a timely trial, but are unpersuaded by the same because diligence on the part of the State is not a listed exception to Criminal Rule 4(B). Therefore, we conclude that the escape charges filed against Robinson in the instant matter should be discharged for failure by the State to prosecute within seventy days pursuant to Criminal Rule 4(B).
NAJAM, J., and FRIEDLANDER, J., concur.