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People v. Kilcauski

Court of Appeals of Illinois, Fifth District

August 31, 2016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
CHARLES L. KILCAUSKI, Defendant-Appellee.

         Appeal from the Circuit Court of Clinton County, No. 14-CF-94; the Hon. Dennis E. Middendorff, Judge, presiding.

          John Hudspeth, State's Attorney, of Carlyle (Patrick Delfino, Stephen E. Norris, and Kelley M. Stacey, all of State's Attorneys Appellate Appeal Prosecutor's Office, of counsel), for the People.

          Michael J. Pelletier, Ellen J. Curry, and Maggie A. Heim, all of State Appellate Defender's Office, of Mt. Vernon, for appellee.

          JUSTICE CATES delivered the judgment of the court, with opinion.Justices Goldenhersh and Chapman concurred in the judgment and opinion.

          OPINION

          CATES, JUSTICE

         ¶ 1 The People of the State of Illinois (the State) appeal the order of the circuit court of Clinton County dismissing this case against the defendant, Charles L. Kilcauski, for violations of the defendant's right to a speedy trial. For reasons that follow, we affirm.

         ¶ 2 BACKGROUND AND PROCEDURAL HISTORY

         ¶ 3 The defendant, Charles L. Kilcauski, was arrested in Clinton County, Illinois, on June 23, 2013. On June 24, 2013, he was charged by information (cause No. 13-CF-80) in the circuit court of Clinton County with obstructing justice, a Class 4 felony (count I), and unlawful possession of a hypodermic syringe, a Class A misdemeanor (count II). As to the felony count, the information charged that the defendant, with the intent to prevent his apprehension, knowingly furnished false information to a police officer in that the defendant, when asked to identify himself, provided a name and date of birth different from his own. The defendant appeared in court, pro se, that same day. The court set bond at $20, 000, appointed the public defender, and scheduled the defendant's first appearance date for July 3, 2013. On June 25, 2013, the public defender filed an entry of appearance, along with the defendant's plea of not guilty and jury demand, a discovery motion, and a motion to reduce bond.

         ¶ 4 On July 3, 2013, the assistant State's Attorney and the public defender appeared in court, but the defendant did not appear. There is no report of proceedings from this date, but an entry in the court's docket sheet indicates that the defendant was in custody in St. Louis, Missouri. The docket sheet shows that the court issued a notice to appear on August 7, 2013, and the notice was sent to the defendant's home address.

         ¶ 5 On August 7, 2013, the assistant State's Attorney and the public defender appeared in court. The defendant did not appear. When the defendant's case was called for hearing, the assistant State's Attorney informed the trial court that the Clinton County sheriff's department had turned over the defendant to authorities in St. Louis County. The assistant State's Attorney stated that he talked to authorities at the St. Louis County jail and confirmed that the defendant was in the custody of St. Louis County, being held to bond. The assistant State's Attorney advised the court that during the proceedings on July 3, 2013, he had requested a warrant, that his request had been denied, and that he had been unable to get the defendant back to Clinton County without a warrant.

         ¶ 6 After being apprised of the situation, the trial court indicated that it understood that the Clinton County sheriff's department had turned the defendant over to St. Louis County, without the consent of the State's Attorney's office, but then advised the assistant State's Attorney that the sheriff's department is part of the State. The court found that although the defendant was not in the physical custody of the Clinton County sheriff's department, the defendant remained in the sheriff's custody because he had not posted bond or escaped from custody. The court stated that it would not issue a warrant for failure to appear because it was not the defendant's fault that he could not appear. The court then, on its own motion, dismissed the case because the State had not provided the defendant with a preliminary hearing within 30 days from the date he was taken into custody. The docket entry from that date stated: "defendant not present, it appears to the court that the Sheriff of Clinton County has transferred physical custody of the defendant to the state of Missouri without completion of process in this County. As a consequence of the Sheriff's act, the state is unable to proceed to preliminary hearing [w]ithin 30 days as required by law. Cause dismissed."

         ¶ 7 On August 8, 2013, the State filed a motion to nol-pros count II of the information. In its motion, the State noted that a defendant does not have a right to a preliminary hearing on a misdemeanor charge and that the order dismissing the misdemeanor count was improper. On that same day, the trial court issued an order granting the State's motion to nol-pros the misdemeanor count without prejudice. The court also clarified its prior order. The court acknowledged that it had authority to dismiss only the felony count for failure to provide a preliminary hearing and noted that the felony count was dismissed without prejudice.

         ¶ 8 On August 14, 2013, the defendant, acting pro se, submitted a motion for speedy trial in the circuit court of Clinton County in No. 13-CF-80. The handwritten pleading was received and file-marked by the court on August 14, 2013. The first page states: "I am currently incarcerated at the St. Louis County Jail, located at 100 South Central Ave., Clayton, MO, 63105. I would like this motion to be filed and notice to the following people[:] Circuit Clerk Clinton County, IL, Judge Middendorf [sic] Clinton County, IL; St. Louis County Justice Services, 100 Central Ave., Clayton MO, 63105; Charles L. Kilcauski, Inmate #188074 100 South Central Ave., Clayton, MO 63105." The second page states: "I Charles Kilcauski file pro se, a motion for a 120 day fast and speedy trial."

         ¶ 9 On July 17, 2014, a Clinton County grand jury returned a bill of indictment against the defendant, charging one count of obstructing justice, a Class 4 felony, and one count of unlawful possession of a hypodermic syringe, a Class A misdemeanor. These charges arose from the same offenses for which the defendant was arrested on June 23, 2013, and were identical to the charges filed on June 24, 2013, in No. 13-CF-80. The indictment was filed in the circuit court of Clinton County (cause No. 14-CF-94), along with the State's notice ...


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