People v. Hunter

This case presents question as to whether trial court had properly dismissed five gun-related charges from defendant's 6-count indictment where defendant had originally been charged by information with single count of possession of cannabis with intent to deliver, and where State obtained instant indictment containing both drug and new gun-related charges more than 160 days after defendant had demanded trial on cannabis charge. Appellate Court, in affirming trial court, found that cannabis and new gun-related charges were required to be prosecuted in single prosecution because they were based on same act of defendant's constructive possession of drugs and guns, which were discovered by police at same time. Moreover, Appellate Court held that under compulsory joinder-speedy trial rule, State was required to file instant gun-related offenses within 160 days following defendant's arrest on drug charge.