People v. Lacy

This case presents question as to whether trial court properly granted defendant's motion to dismiss his murder charges on grounds that govt. had violated his statutory right to speedy trial where: (1) govt. had previously sought and was granted one 60-day extension of time under section 103-5(c) to obtain presence of alleged eye-witness whose high risk pregnancy prevented her from attending trial; (2) state received second continuance under section 103-5(c) to obtain presence of another witness who was deployed to Afghanistan at time of rescheduled trial; and (3) all delays attributable to govt. totaled 203 days? Appellate Court, in affirming trial court, found that govt. could only seek continuances under section 103-55(c) that totaled 60 days, and that dismissal was required under section 103-5 where defendant, who was at all times in custody, was not brought to trial within 180 days.