Appeal from the Circuit Court of Hancock County; the Hon.
Scott I. Klukos, Judge, presiding.
JUSTICE HEIPLE DELIVERED THE OPINION OF THE COURT:
This case involves the dismissal of all charges against a criminal defendant for failure of the People to comply with the 160-day speedy trial statute. (Ill. Rev. Stat. 1979, ch. 38, par. 103-5(b).) The People appeal.
Defendant was originally charged with aggravated battery on July 10, 1980. He was arrested, posted bail and was released. On July 31, 1980, he pleaded not guilty and demanded a speedy jury trial.
On September 29, 1980, a pretrial conference was held and, by agreement of counsel, the cause was continued to December for trial.
At the December 8, 1980, trial call, defendant said he was unprepared to defend on a newly added rape count. Defendant did not object, however, to the amendment of the information which added this count.
• 1 The following colloquy then took place between the prosecutor, the court, and defense counsel:
"MR. NAYLOR: Your Honor, I simply want to observe that the parties have agreed that the jury trial scheduled for this date on aggravated battery is continued by agreement of the parties due to the addition of the Count on rape, and that it is contemplated it will be continued from the day — today to the next jury calendar on both Counts.
MR. VIERLING [defense counsel]: That's correct.
THE COURT: I'll show that the matter is continued by agreement on both Counts to the next jury calendar, which you gentlemen are aware is in February.
MR. NAYLOR: Yes, Your Honor.
THE COURT: Thank you. Anything further, Mr. Vierling, in this case?
MR. VIERLING: Nothing, Your Honor.
THE COURT: Thank you. That'll ...