People v. Thomas

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2014 IL App (2d) 130660
Decision Date: 
May 29, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
McLAREN
Holding: 
Affirmed.
Court properly granted DUI Defendant's motion to dismiss, on speedy-trial grounds, one count of DUI (BAC of 0.08 or more) which count had been filed 3 days before jury trial. Compulsory joinder applied to charges. As any delays attributable to Defendant on initial charges were not attributable to Defendant as to later-charged count, and that count was filed more than 160 days after Defendant filed speedy trial demand, count was not timely brought to trial. Original charging instrument did not give Defendant sufficient notice of subsequent new charge charge to prepare adequately for trial on that charge.(BURKE and HUDSON, concurring.)