Appeal from the Circuit Court of Saline County. Nos. 12-CF-279; 12-CF-320. Honorable Walden E. Morris, Judge, presiding.
Where defendant was held in simultaneous custody on three charges when the State elected to prosecute one charge but it then failed to bring tat case, or any other pending case, to trial within 120 days from the date defendant was placed in custody, the trial court ultimately properly dismissed all of the pending cases, since under section 103-5(e) of the Code of Criminal Procedure, it is the commencement of trial, or an adjudication of guilt after waiver of a trial, on at least one of the pending charges, and not the mere election of which charge will be tried first, that provides the additional time to try the unelected charges; therefore, the statute provides for the tolling of the speedy-trial clock and the additional time so long as the State proceeds to trial or obtains an adjudication of guilt on one of the charges within the initial 120-day period.
For Appellant: Hon. Michael Henshaw, State's Attorney, Harrisburg, IL; Patrick Delfino, Director, Stephen E. Norris, Deputy Director, Patrick D. Daly, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL.
For Appellee: Michael J. Pelletier, State Appellate Defender, Ellen J. Curry, Deputy Defender, Lawrence J. O'Neill, Assistant Appellate Defender, Office of the State Appellate Defender, Mt. Vernon, IL.
PRESIDING JUSTICE CATES delivered the judgment of the court, with opinion. Justices Goldenhersh and Chapman concurred in the judgment and opinion. Honorable Judy L. Cates, P.J. Honorable Richard P. Goldenhersh, J., and Honorable Richard P. Goldenhersh, J., and Concur.
[¶1] The defendant, Dean Raymer, was charged with three separate felonies, driving while license revoked, unlawful use of a credit card, and escape, and he was held in simultaneous custody in all three cases. The State elected to prosecute the driving-on-revoked charge first, but then failed to bring that case, or any other pending case, to trial within 120 days from the date the defendant was placed in custody. The defendant moved to dismiss all three cases on the ground that the State violated his statutory right to a speedy trial under section 103-5 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/103-5 (West 2010)). The State confessed the defendant's motion to dismiss the driving-on-revoked case, and that case was dismissed with prejudice. The State objected to the dismissal of the remaining cases. After considering the arguments of counsel, the trial court dismissed the unlawful use of a credit card and escape cases with prejudice. On appeal, the State contends that the trial court erred as a matter of law in dismissing the unlawful use of credit card and escape charges because the speedy-trial clock was tolled under section 103-5(e) of the Code (725 ILCS 5/103-5(e) (West 2010)), upon the State's election to try the driving-on-revoked charge first. We affirm.
[¶2] The procedural facts are not disputed. In August 2012, the State filed two separate felony cases against the defendant in the circuit court of Saline County. The defendant was charged with driving while license revoked (enhanced sentence) in No. 12-CF-272 and unlawful use of credit card in No. 12-CF-279. Arrest warrants were issued in each case, and the defendant was taken into custody on August 29, 2012.
[¶3] On September 17, 2012, the Saline County circuit court granted the defendant's request for a 48-hour furlough. When the defendant did not return from the furlough on September 19, 2012, as ordered, he was charged with two counts of escape in No. 12-CF-320. The defendant eventually surrendered to authorities in Carmi, Illinois, on November 4, 2012. He was transported to Saline County on November 6, 2012, and he was held in custody in all three cases.
[¶4] Initially, all of the defendant's cases were set for trial on February 20, 2013. During a pretrial hearing on December 20, 2012, the State announced that it intended to try the escape case first. Then, ...