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07/12/95 PEOPLE STATE ILLINOIS v. JACK T. BAKER

July 12, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
JACK T. BAKER, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Massac County. No. 89-CF-79. Honorable D. D. Bigler, Judge, presiding.

The Honorable Justice Rarick delivered the opinion of the court: Lewis and Hopkins, JJ., concur.

The opinion of the court was delivered by: Rarick

JUSTICE RARICK delivered the opinion of the court:

The State appeals from the grant of defendant's motion to dismiss for failure to bring him to trial within 160 days from his demand for a speedy trial.

On October 13, 1989, defendant Jack T. Baker was indicted for violations of the Illinois Securities Act of 1953 (Ill. Rev. Stat. 1989, ch. 121 1/2, par. 137.12(f)) and theft over $300 (Ill. Rev. Stat. 1989, ch. 38, par. 16-1(a)(2)). It appears that defendant, who was a resident of New York State, may have passively resisted extradition.

On January 17, 1990, defense counsel filed his appearance and filed a demand for speedy trial, despite the fact that defendant had not yet been arrested. On January 19, 1990, a warrant issued for his arrest, defendant was arrested, and he was formally arraigned. He made bond and was allowed to return to his home in New York State, and trial was set for April 16, 1990.

On March 14, 1990, defendant's attorney moved to withdraw from representing defendant because of conflicts involving payment for his services. This motion was granted on March 30, 1990. The court appointed new counsel for defendant on May 14, 1990, but on May 18, 1990, she sought leave to withdraw, based upon a conflict of interest which stemmed from her purchase of stock in the allegedly fraudulent investment project for which defendant was being prosecuted. Leave was granted, and the court again appointed new counsel on June 15, 1990. On July 13, 1990, counsel entered his appearance.

On October 18, 1990, defendant filed a motion to dismiss for failure to provide a speedy trial as demanded by defendant's original counsel on January 17, 1990. The motion was denied on February 10, 1992. The court found the January 17, 1990, speedy trial demand was a nullity due to prematurity, in that counsel submitted the demand prior to defendant's arrest.

On March 5, 1992, defendant filed a new demand for speedy trial. On April 27, 1992, the case was set for a May 6, 1992 pretrial conference and trial on July 8, 1992. The record is devoid of the reasons therefor, but on May 28, 1992, the case was reset for trial on August 3, 1992.

On July 10, 1992, defendant moved to continue the trial "to a later date." The motion was granted on July 14, 1992. On November 10, 1992, the State filed a motion to set a court date, and on December 8, 1992, a pretrial conference was set for January 25, 1993.

On January 24, 1993, the case was called. The docket notes indicate that a jury trial was to be set and a status hearing was scheduled for March 1, 1993.

On February 10, 1993, defendant filed a motion to waive his appearance at the March 1, 1993, status hearing. The court granted defendant's motion on February 26, 1993, and the status hearing was moved to March 15, 1993. On that date the case was set for jury trial on June 7, 1993.

Defendant filed a motion to dismiss on March 18, 1993, and on March 26, 1993, the State moved for a trial setting on or before April 16, 1993. Three days later, notice of an April 12, 1993, trial date was filed. On April 8, 1993, defendant moved for a continuance of the April 12, 1993, trial setting, stating that "counsel for defendant needs additional time in which to prepare for trial." The continuance was granted, and the case was continued to June 7, 1993.

On May 20, 1993, a hearing was conducted on defendant's motion to dismiss. No report of proceedings is available, but the order entered set forth the various time spans of delays attributable to the parties and found that the 160 days in which the State had ...


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