People v. Minor

Illinois Appellate Court
Criminal Court
Speedy Trial
Citation
Case Number: 
2011 IL App (1st) 101097
Decision Date: 
Friday, December 9, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
LAMPKIN
Defendant, charged with DUI, first demanded trial, and then 3 1/2 months later was absent from scheduled court date. After bond forfeiture warrant was issued, Defendant appeared the next day and stated that she mixed up the court dates, and demanded a speedy trial 2 1/2 months later. New speedy trial period began on date of Defendant's last demand, speedy trial term was not tolled, and her rights to speedy trial were not violated. A defendant's failure to appear in court operates as waiver to prior demand for speedy trial, regardless of whether failure to appear is "explained" or "unexplained". (R. GORDON and GARCIA, concurring.)