People v. Marcum

This case presents question as to whether, under plain error analysis, State violated defendant’s statutory right to speedy trial, where State filed new and additional aggravated domestic battery charges that were subject to compulsory joinder with initial aggravated batter charge 9 months later and outside of applicable 120-day speedy trial term. Defendant raised instant statutory speedy trial issue for first time in reply brief filed with Appellate Court, when defendant asserted that instant statutory speedy trial violation can constitute second prong plain error. However, Appellate Court held that instant speedy trial issue was not properly preserved, and that defendant’s claim was forfeited, where it was not timely raised, as required under 725 ILCS 5/114-1(b). It further noted that defendant’s treatment of issue was underdeveloped and did not establish either that he was denied fair trial or that any error affected integrity of judicial system.