People v. Lopez

Illinois Appellate Court
Criminal Court
Dismissal
Citation
Case Number: 
2015 IL App (4th) 150217
Decision Date: 
Friday, December 4, 2015
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

Court erred in dismissing traffic charges "for failure to proosecute" when, after Court waited for 15 minutes, State failed to appear at pretrial conference. Absent statutory authorization, or in case where court has an inherent authority to dismiss indictment where there has been a clear denial of due process, a trial court has no power before trial to dismiss criminal charges on its own motion or on motion of the defendant.(HARRIS and POPE, concurring.)