Defendant was charged with several drug-related offenses and the State appealed after the trial court granted the defendant’s motion to dismiss on the grounds that his right to speedy trial was violated. The State argued that the trial court erred in granting the motion because its filing of a new indictment charging possession of fentanyl merely amended the original indictment and did not implicate compulsory joinder and, even if compulsory joined applied, defendant had adequate notice of the fentanyl charge so that the delays caused by defendant related to a charge for heroin should also apply to the fentanyl charge. The State argued in the alternative that defendant had waived his speedy-trial demand by failing to appear several times after demanding a speedy trial. The appellate court reversed, finding that the defendant waived his speedy-trial demand. (KENNEDY and BIRKETT, concurring)
Illinois Appellate Court
Criminal Court
Speedy-Trial Act