Appeal from the Circuit Court of Lake County. No. 96--CF--2499
Honorable Barbara C. Gilleran Johnson and John T. Phillips, Judges, Presiding.
JUSTICE RAPP delivered the opinion of the court:
Following a bench trial, defendant, Felix Ortiz, was convicted of two possession-of-controlled-substances offenses (720 ILCS 570/402(c) (West 1996)). Defendant appeals, alleging a speedy trial violation and a violation of the one-act-one-crime rule. The State concedes that defendant is entitled to relief under the one-act-one-crime rule and we agree. We affirm in part and remand with directions. I. FACTS As taken from the record presented by defendant, the facts relevant to this appeal are as follows. On September 6, 1996, defendant was arrested in Waukegan, Illinois, on an outstanding Wisconsin armed robbery warrant. Pursuant to the arrest, officers discovered cash, cocaine, and heroin on defendant. Defendant was cited for the drug offenses and detained until September 17, 1996, when he posted bond. On September 25, 1996, a three-count indictment was returned against defendant. Count I of the indictment alleged unlawful possession of less than 10 grams of heroin with intent to deliver (720 ILCS 570/401(d) (West 1996)), and counts II and III alleged unlawful possession of less than 15 grams of heroin and less than 15 grams of cocaine, respectively (720 ILCS 570/402(c) (West 1996)). Count I was later dismissed. On November 14, 1996, a hearing was held pursuant to the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act (Uniform Witness Act) (725 ILCS 235/1 et seq. (West 1996)). During the hearing, the following colloquy took place.
"THE COURT: [W]e need a new MR number on the petition of the State of Wisconsin for case number 96 CF 585, that is their number, requesting the Defendant be transported as a material witness in that case. The Court has before it a proper certification of Judge Wilbur Warren of the need for Mr. Ortiz's presence as a witness in case 96 CF 585.
MR. KLEINHUBERT [Assistant State's Attorney]: Is there also a matter pending where he is a defendant in the State of Wisconsin?
THE COURT: He also --MR. KLEINHUBERT: Is there a governor's warrant been [sic] issued as to that?
MR. POTKONJAK [defense attorney]: No.
THE COURT: I don't believe so. It will require a waiver for extradition hearing on that matter.
MR. ORTIZ [defendant]: I already waived it.
MR. POTKONJAK: He says he already waived it.
MR. ORTIZ: I already waived it, Your Honor, out in bond court.
MR. KLEINHUBERT: We are going to need appropriate orders signed for that to be done. I don't know if it has been.
THE COURT: Mr. Ortiz, that was, in fact, your intent that previously at your other hearing to waive your right to ...