People v. Spears

Illinois Appellate Court
Criminal Court
Speedy Trial Act
Citation
Case Number: 
No. 2-08-0976
Decision Date: 
Monday, November 30, 2009
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
O'MALLEY
(Court opinion corrected 2/1/12.) Court properly exercised its discretion in determining that State acted with due diligence and in granting State's motion to extend speedy-trial deadline in order to complete DNA testing under Section 103-5 of Code of Criminal Procedure. Possibility of DNA evidence came to light late in process of testing materials, at time that prosecutor was on vacation, and report was provided to defense a week later, and promptly sought extension of speedy-trial period. No evidence that State sought to unreasonably delay the case. (McLAREN and JORGENSEN, concurring.)