APPEAL from the Circuit Court of Peoria County; the Hon.
STEPHEN J. COVEY, Judge, presiding.
MR. JUSTICE BARRY DELIVERED THE OPINION OF THE COURT:
This appeal arose out of the same facts recited in People v. Yaeger, (1980), 84 Ill. App.3d 415. The defendant Kenneth Yaeger was charged by 10 indictments in the Circuit Court of Peoria County. On the defendant's motion all 10 indictments were dismissed. Upon a motion for rehearing four of the 10 indictments were reinstated but were ultimately dismissed again because of post-indictment pre-arrest delay. The State appealed from the dismissal in case No. 79-358 and this court affirmed. The six indictments which were originally dismissed are the subject of this appeal. The State has conceded that one of the six dismissed indictments was a duplicate charge of the same offense and was properly dismissed.
Accordingly, only five of the dismissed indictments are contraverted by the State on this appeal. The procedural facts which led to this appeal were summarized in case No. 79-358 and will not be repeated again here. However for reference purposes the table created for appellate case No. 79-358 will again be reproduced:
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 containing MDA to John Conley
The State has appealed pursuant to Supreme Court Rule 604(a)(Ill. Rev. Stat. 1977, ch. 110A, par. 604(a)). They have ...