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People v. Holleman





APPEAL from the Circuit Court of Cook County; the Hon. LOUIS B. GARIPPO, Judge, presiding.


Defendant Robert Lee Holleman, indicted on three counts of murder and one count of armed robbery of Scott Moore, was convicted of murder in a bench trial during which he stipulated to the State's evidence and presented none of his own. He was sentenced to 20 years' imprisonment to run concurrently with his sentence then being served on a separate conviction in Indiana involving a separate crime, and other impending sentences which may be imposed upon him by Federal jurisdictions. He appeals from the trial court's denial of his preliminary motions to dismiss, based upon provisions of the Uniform Code of Corrections encompassing the Uniform Agreement on Detainers Act (Ill. Rev. Stat. 1977, ch. 38, par. 1003-8-9) (hereinafter Uniform Agreement) and section 103-5 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1977, ch. 38, par. 103-5), the "speedy trial" requirement, respectively. For the reasons given below, we affirm.

The indictments were returned on the stipulated date of July 26, 1977, based upon incidents which allegedly took place in Cook County, Illinois, on October 5, 1976. An arrest warrant for defendant was issued on August 10, 1977, and on March 28, 1978, he was returned to Illinois from imprisonment in Indiana pursuant to the provisions of article IV of the Uniform Agreement. Defendant's trial counsel entered his appearance on April 12, 1978, and thereafter filed, inter alia, the two motions to dismiss the indictment previously identified. He alleged that the State had attempted to avoid the dictates of article IV of the Uniform Agreement by deliberately delaying the indictment until 10 months after the alleged crime occurred to gain tactical advantage and failing to return defendant to Illinois from Indiana until nine months after the indictment was returned, thus denying him his statutory right to a speedy trial under the Uniform Agreement. *fn1 The motion based upon section 103-5 alleged a total accumulated pretrial delay of 142 days not occasioned by defendant during which he was in custody; that it was the intent of the legislature that subparagraph (f) of the statute, under which such delays would be regarded cumulatively to determine whether a violation had occurred, apply to cases in which the defendant's arrest was "close in time" to the date of the alleged crime; and, consequently, that the terms of the statute had been violated by the State. Defendant also filed a petition for writ of habeas corpus, in which he represented that he had been transferred from Indiana to Illinois without his consent and without benefit of a hearing.

The aforesaid motions and petition were heard by the trial judge immediately prior to defendant's trial on November 6, 1978. A group exhibit tendered to the court, comprised of documents bearing upon defendant's return from Indiana for trial, was stipulated to by the State and defendant as to truth of dates and contents. Though not themselves part of the record on appeal, these documents were presented to the trial court and described as:

(a) the arrest warrant of August 10, 1977;

(b) a request for temporary Cook County custody dated September 13, 1977;

(c) the Indiana document acknowledgment of the arrest warrant dated October 21, 1977;

(d) an Indiana certificate of inmate status;

(e) a Notice of Untried Indictment and of Right to Request Disposition dated October 24, 1977;

(f) approval of defendant's temporary custody in Cook County under the Uniform Agreement signed by the governor of Indiana and dated November 14, 1977;

(g) an offer to deliver temporary custody dated November 25, 1977;

(h) an undated request unsigned by defendant asking Indiana for an extradition hearing and appointment of counsel to see if he should be brought to Illinois.

Though apparently not part of the same group exhibit, also tendered was a document indicating defendant was not brought to Illinois until March 28, 1978.

Following argument on defendant's motion and petition, all were denied. As to defendant's argument based on section 103-5, the court's ruling was grounded on the statutory language used. With respect to the motion to dismiss based upon the Uniform Agreement, the court found that: the delay from October 1976, the time of the alleged occurrences, to July of 1977, the return of the indictment, worked no hardship on defendant, since Illinois would not have been able to obtain his custody during the pendency of criminal proceedings in Indiana; the "red tape" delay from July to December 2, 1977, was connected with the necessity of obtaining the Indiana governor's concurrence; and the delay from December of 1977 to March of 1978, while not representative of good practice, was not sufficient to require application of "the one hundred twenty day rule." The court extended to defendant an opportunity to ...

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