APPEAL from the Circuit Court of Peoria County; the Hon.
ROBERT E. MANNING, Judge, presiding.
MR. JUSTICE BARRY DELIVERED THE OPINION OF THE COURT:
Ten indictments were returned in the Circuit Court of Peoria County charging the defendant Kenneth Yaeger in summary with delivery of a controlled substance, unlawful delivery of a substance represented to be a controlled substance, and unlawful delivery of cannabis. On the defendant's motion all 10 indictments were dismissed for the failure of the State to comply with discovery. Upon a rehearing in the trial court four of the indictments were reinstated. The State appeals in a separate case People v. Yaeger (1980), 84 Ill. App.3d 481, from the dismissal of five of the 10 indictments. The State has conceded that one of the other six dismissed indictments was a duplicate charge of the same offense and was properly dismissed (circuit court No. 75-CF-5111), and no appeal has been taken from the dismissal of that indictment.
This appeal concerns the dismissal by the trial court of the four reinstated indictments. These four indictments were dismissed a second time by the trial court on the basis of post-indictment delay in apprehending and arresting the defendant. The State has appealed from the last dismissal pursuant to Supreme Court Rule 604(a) (Ill. Rev. Stat. 1977, ch. 110A, par. 604(a)).
A resolution of the issues presented in this appeal requires a detailed summary of the procedural facts that led to this appeal. To facilitate presenting the facts in a meaningful fashion we have prepared a table detailing the offenses charged, the dates on which they were allegedly committed and the corresponding appellate and circuit court numbers for identification:
Designation Circuit Charged Appellate in Court Date of Court this Number Offense Offense charged Number opinion --------------------------------------------------------------------------- A. 75-CF-3677 4/9/75 Charging delivery of a 79-358 substance containing MDA
B. 75-CF-3678 4/10/75 Two counts charging 79-358 delivery of a substance containing MDA
C. 75-CF-3679 5/21/75 Charging delivery of a 79-358 substance represented to be a controlled substance
D. 75-CF-3744 4/11/75 Charging delivery of a 78-405 substance represented to be a controlled substance
E. 75-CF-3761 5/21/75 Charging delivery of a 78-405 substance containing Phenmetrazine
F. 75-CF-3848 5/21/75 Charging delivery of a 78-405 substance containing MDA
G. 75-CF-3868 4/16/75 Charging delivery of a 78-405 substance containing cannabis
H. 75-CF-3869 4/23/75 Charging delivery of a 78-405 substance MDA to Glenn Perkins
I. 75-CF-5111 5/23/75 Charging delivery of *fn1 a substance containing MDA to Jon Conley
J. 75-CF-5112 4/23/75 Charging delivery of 79-358 a substance ...