APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. THE HONORABLE JOHN W. CRILLY, JUDGE PRESIDING.
The opinion of the court was delivered by: Gordon
JUSTICE GORDON delivered the opinion of the court:
This is the third time this case has been before this court on appeal. In the instant appeal, the State is seeking reversal of an order of the circuit court of Cook County granting the motion of defendants East-West University, Dr. Wasi Khan, and Dr. Madhu Jain dismissing the counts of theft and conspiracy to commit theft filed against them. The trial court's order dismissing those counts was based on violation of the speedy trial provisions in section 103-5 of the Code of Criminal Procedure of 1963, 725 ILCS 5/103-5 (West 1992).
The Cook County grand jury returned seven indictments, five on September 5, 1985, and two on November 14, 1985, charging defendants East-West University, Wasi Khan, and Wilson Jordan with forgery, theft by deception, and conspiracy to commit theft. The charges are based on alleged actions of defendants in connection with documents required for Basic Educational Opportunity Grants, Illinois State Scholarships, and Board of Higher Education Grants over a period ending on November 15, 1982. Five of the indictments each contained two counts, Count I charging theft by deception and Count II charging forgery. The remaining two indictments charged only conspiracy to commit theft. Defendants first demanded trial on June 11, 1986. Defendants again demanded trial on September 11, 1986, and repeatedly thereafter.
On October 30, 1986, defendants filed a motion to dismiss all counts. On November 6, 1986, defendants filed a superseding motion to dismiss all counts. On December 8, 1986, the trial court granted defendants' superseding motion to dismiss Count II (the forgery counts) of the indictments on the grounds that the indictments did not allow them to prepare their defense because they failed to advise defendants with particularity of the charges against them. Also on December 8, 1986, the trial court denied defendants' motion to dismiss the remaining counts (the theft and conspiracy counts) and granted defendants' motion to join the remaining counts for trial. At that time the case was set for status and trial on the remaining counts on January 9, 1987.
On December 30, 1986, the State filed a notice of appeal as to the dismissal of the forgery counts and the joinder of the remaining counts for trial. While that appeal was still pending, the State sought leave in the trial court to strike the theft and conspiracy counts with leave to reinstate (motion to SOL). The trial court granted the State's motion to SOL on January 9, 1987. Defendant again demanded trial on that date.
On October 23, 1987, this court reversed the trial court's order dismissing the forgery counts and remanded the case to the trial court. ( People v. East-West University, Inc. (1987), 163 Ill. App. 3d 44, 50, 516 N.E.2d 482, 114 Ill. Dec. 327.) Regarding the trial court's order joining the theft and conspiracy counts for trial, we found that the order was an interlocutory order from which the State had no right of appeal. ( East-West University, Inc., 163 Ill. App. 3d at 50.) We also found that the State had not shown that the order dismissing the forgery charges affected its ability to prosecute the theft and conspiracy charges. ( East-West University, Inc., 163 Ill. App. 3d at 50.) On April 7, 1988, the Illinois Supreme Court denied defendants' petition for leave to appeal and on May 9, 1988, the mandate was filed in the circuit court.
The case was set for trial on June 2, 1988. On that date, the State moved to reinstate the theft and conspiracy charges. Defendants objected on the grounds that the charges were time barred by the statute of limitations and the speedy trial term had run. At that time, defense counsel stated, "And I have in response to the State's motion to reinstate a motion to dismiss. Maybe it should more properly be captioned motion in objection to this motion to reinstate."
The trial court granted leave to file the motion and allowed the State's request for time to respond, setting June 30 for argument and ruling, by agreement of the parties except as to defendant East-West University. East-West University continued its demand for trial.
On June 30, 1988, the trial court denied the State's motion to reinstate the theft and conspiracy charges, ruling that the term prescribed in the speedy trial statute, 725 ILCS 5/103-5 (West 1992), had expired. The case was continued by agreement to August 8, 1988 for commencement of trial on the forgery counts.
The State filed a notice of appeal on July 29, 1988, purporting to appeal from the June 30, 1988, order which it characterized as "granting Defendant's Motion to Dismiss". Upon motion of defendants this court dismissed that appeal on September 21, 1991 on the grounds that the order appealed from was non-final because the trial Judge merely denied the motion of the State to reinstate the theft and conspiracy charges but did not dismiss those charges. The mandate of this court was filed with the circuit court on October 6, 1991.
On October 8, 1991, the trial court again denied a motion by the State to reinstate the theft and conspiracy counts and this time entered an order dismissing those charges. Defendants again demanded trial. On that day, the State filed the present appeal, seeking reversal of the trial court's dismissal of the theft and conspiracy counts.
At issue in the present appeal is the effect of two Illinois statutes, the speedy trial statute, section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 1992)), and the statute of limitations, section 3-5 of the Criminal Code of 1961 (720 ILCS 5/3-5 (West 1992)), on the State's attempts to reinstate the theft and conspiracy charges. The speedy trial statute requires that trial commence within 160 days of a defendant's demand for trial where the defendant is on bail or recognizance. (725 ILCS 5/103-5(b) (West 1992).) The State contends that the trial court erred in dismissing the theft and conspiracy charges on October 8, 1991 based on violation of this provision because the running of the 160-day statutory period was tolled by the filing of the State's interlocutory appeal on December 30, 1986. The State also contends that, contrary to defendants' position, reinstatement of the theft ...