People v. Connors

Defendant was convicted, after bench trial, of DUI. Court abused its discretion in extending speedy trial term for 60 days so prosecutor could present his one witness, a state trooper. Prosecutor did not act with due diligence, as he did not make effort necessary to bring his witness to court in sufficient time to secure his presence before speedy trial term expired. Prosecutor requested 3 continuances, and Defendant had answered ready for trial on multiple trial dates, with delays totaling 160 days solely due to prosecutions’ inability to bring state trooper to court. Conviction reversed, and remanded with directions to enter order discharging Defendant. (PUCINSKI and HYMAN, concurring.)