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People v. Cichanski

OPINION FILED MARCH 11, 1980.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,

v.

ALAN C. CICHANSKI, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Du Page County; the Hon. JAMES R. SULLIVAN, Judge, presiding.

MR. JUSTICE NASH DELIVERED THE OPINION OF THE COURT:

Defendant, Alan C. Cichanski, was charged with four traffic offenses, including driving while under the influence of intoxicating liquor (Ill. Rev. Stat. 1977, ch. 95 1/2, par. 11-501) and disobeying a red light (Ill. Rev. Stat. 1977, ch. 95 1/2, par. 11-306). Defendant was discharged on these two counts because the State failed to bring him to trial within 160 days of his demand as is required by statute. (Ill. Rev. Stat. 1977, ch. 38, par. 103-5(b).) The State appeals that judgment, asserting any delay in the prosecution of these charges was attributable to defendant. We affirm the ruling of the trial court.

The chronology of relevant events is as follows:

June 10, 1978 - defendant charged with three offenses

July 27, 1978 - speedy trial demand filed; trial set for August 4

August 4, 1978 - trial set for November 14

November 6, 1978 - a fourth charge consolidated with original three; continued to November 14

November 13, 1978 - defendant filed motions for hearing on November 14

November 14, 1978 - all defense motions denied; trial reset to December 12 due to lack of available jurors

November 28, 1978 - defendant filed renewed motions and motions for list of witnesses, production of confession; for hearing on November 30

November 30, 1978 - discovery granted; hearing set December 8 on motion to suppress evidence; defense counsel advised of this by State's Attorney by telephone

December 8, 1978 - defense counsel did not appear due to scheduling conflict; hearing continued to December 12

December 12, 1978 - motion to suppress denied after hearing; trial ...


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