People v. Mays

Illinois Appellate Court
Criminal Court
Speedy Trial
Citation
Case Number: 
2012 IL App (4th) 090840
Decision Date: 
Thursday, August 30, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed as modified; remanded with directions.
Justice: 
APPLETON
For speedy-trial purposes, delays attributable to Defendant on original charges are attributable to Defendant on newly filed charges only if charges were essentially the same and thus subject to compulsory joinder. Defendant had timely notice of new felony-murder charge and cannot reasonably argue surprise when his own counsel had suggested, thus charges were not "new and additional" for speedy-trial analysis. Given totality of circumstances, 60-year maximum sentence was reasonable, and based in part on deterrence, as Defendant was armed with firearm and used force to enter victim's apartment. (McCULLOUGH and COOK, concurring.)