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People v. Jump

OPINION FILED AUGUST 31, 1984.

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

v.

RICKY A. JUMP, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Fulton County; the Hon. Francis P. Murphy, Judge, presiding.

PRESIDING JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

In custody 126 days.

No trial.

Nor will there be.

The trial court dismissed.

We affirm.

FACTS

Jump was charged by information with robbery on September 13, 1983. He was arrested the same day and held in custody at the Fulton County jail. The public defender was appointed to represent him and filed a request for an immediate trial by jury.

On November 14, 1983, defendant filed a motion to suppress evidence of his identification, alleging an improper showup. He did not seek a hearing date on the motion at this time.

On November 22, 1983, defendant's trial date was set for December 19, 1983. Pretrial conferences were scheduled for December 7. On November 23, defendant gave notice to the State's Attorney of a hearing on his motion to suppress. The hearing date was scheduled for December 20, 1983 — one day after the scheduled trial date.

The trial docket shows that the State and defendant answered ready for trial at the pretrial conference on December 7. On December 12, 1983, defendant's case (along with 22 other cases) was set for trial on December 19, 1983. While the trial date remained unchanged, the cases were transferred from Judge Wilhelm to Judge Henderson.

On December 15, 1983, defendant filed a motion to remove his case from the December calendar. The motion states: "The defendant prays for an order of this court removing the cause from the trial calendar commencing on December 19, 1983, at 9:30 a.m. until such further time as will permit the hearing and disposition of the motion to suppress set for December 20, 1983, at 3 p.m. before the Honorable Charles Wilhelm." The record does not indicate that this motion was ever heard or ruled on. However, defendant's case was removed from the December calendar on December 22, 1983, and a new trial date was scheduled for January 17, 1984. Defendant's motion to suppress was heard and denied on December 20. Both the State and defendant answered ready for trial at a pretrial conference on January 3.

On January 5, the public defender filed a motion to withdraw as counsel for defendant. The motion stated that Tony Brevell, a co-defendant, had pleaded guilty to the robbery and had been listed as a State's witness for defendant's trial. Brevell was also being represented by the public defender and the motion to withdraw was based on a potential conflict of interest. On January 11, Judge Bath granted the motion to withdraw and appointed attorney Stewart Merdian to represent defendant.

On January 17, 1984, Merdian filed a motion to dismiss the charges against defendant on the grounds that his right to a speedy trial had been violated. After a hearing, ...


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