People v. Martinez

Court refused to grant State a continuance on day of trial, and entered order acquitting Defendant of aggravated battery and mob action. Court abused its discretion in forcing parties to trial when each had a sound statutory basis for a continuance. As State did not attempt to show grounds for trying Defendant in absentia, court erred in proceeding with jury selection. State caused 5 out of 46 months of delay in the case, mostly due to State's failure to locate victims, and thus State showed proper diligence, and Defendant caused twice as much delay by his failure to appear. Thus, was entitled to continuance by its showing of due diligence. (HUDSON, concurring; McLAREN, specially concurring.)