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People v. Bredemeier

February 06, 2004

[5] THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
DAVID W. BREDEMEIER, DEFENDANT-APPELLEE.



[6] Appeal from the Circuit Court of Marion County. No. 94-CF-156 Honorable William J. Becker, Judge, presiding.

[7] The opinion of the court was delivered by: Justice Hopkins

[8]  The plaintiff, the State of Illinois, appeals from the trial court's dismissal of its petition to revoke probation, which had been filed against the defendant, David W. Bredemeier. On appeal, the State argues that the trial court erred in holding that a six-year delay in prosecuting its petition to revoke probation was "presumptively prejudicial" and in dismissing its petition to revoke probation. We affirm.

[9]  FACTS

[10]   Following a jury trial in Marion County, Illinois, the defendant was convicted of unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1(a) (West 1994)). On February 10, 1995, the court sentenced the defendant to 30 months' probation.

[11]   On May 17, 1996, the defendant was convicted of attempted burglary in Gibson County, Indiana, and was sentenced to eight years' incarceration, with two years suspended to probation. On May 30, 1996, the Marion County, Illinois, State's Attorney filed a petition to revoke probation, based upon the 1996 Indiana conviction. The court issued a warrant for the defendant's arrest on June 27, 1996, which the defendant acknowledged he received, apparently while he was incarcerated in Indiana.

[12]   On July 24, 1998, the defendant sent to the Marion County courthouse a letter requesting a certified copy of the docket sheet regarding the petition to revoke probation. He stated that he needed this document for evidence when he filed his motion for a speedy trial. The defendant further stated:

[13]  
"Please also provide me with the trial rules of your court as I do not have access to such documents in the Indiana Department of Corrections. Also, if there has been a lawyer appointed to represent me in this cause of action, please send the name and address of such, as he/she may be able to get the information that I am now requesting."

[14]   On April 7, 1999, the defendant filed a pro se "Motion for Relief from Judgment." On August 11, 2000, the defendant sent to the circuit clerk a letter asking that counsel be appointed to represent him in the proceedings on the petition to revoke probation. On September 29, 2000, the defendant sent another letter to the circuit clerk and again asked that counsel be appointed to represent him in proceedings on the petition to revoke probation. On October 16, 2000, the defendant sent the judge a letter, which stated, in pertinent part:

[15]  
"I have been trying since 1996 to get a probation matter resolved. I have requested that an attorney be appointed to represent me in this matter to know [sic] avail. Three weeks ago, I wrote the court asking that a[n] attorney be appointed to assist me and I have not heard anything. The State of Illinois filed a Petition for Revocation against me in July of 1996. I have been incarcerated in the Indiana Department of Corrections for almost (5) five years. I have approximately (27) twenty[-]seven months remaining on my Indiana sentence.
[16]  
Also, be advised that all my fines have been paid in full, [and] I have requested a fast and speedy [trial] to this matter since it affects my elgibility [sic] to be classified as a level one, et Trusty Status [sic] etc."

[17]   On December 4, 2000, the defendant sent a letter to the court, which stated:

[18]  
"I recently recieved [sic] correspondence from the Clerk of the Court indicating that the court could not take action on my Probation revocation until I complete my Indiana sentence.
[19]  
Sir, Indiana DOC officials have informed me that if the Illinois Court sends a Transport Order, it would be honored."

[20]   All the documents the defendant sent to the court indicated a return address in the ...


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