People v. Martinez

This case presents question as to whether govt. may appeal trial court's denial of prosecutor's motion for continuance that was made after jury had been selected where, after denial of continuance, prosecutor refused to present any evidence and trial court then acquitted defendant? Appellate Court concluded that it had jurisdiction to consider govt. appeal since trial court's action constituted appealable dismissal under Rule 604(a)(1) and further found that trial court should have granted prosecutor's request for continuance where basis for continuance was absence of two material witnesses, who had failed to appear for trial in spite of being subpoenaed. Ct. further held that govt. was entitled to "last chance" continuance under section 114-4(e).