People v. Lilly

Illinois Appellate Court
Criminal Court
Speedy Trial Act
Citation
Case Number: 
2016 IL App (3d) 140286
Decision Date: 
Wednesday, April 27, 2016
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
CARTER

Court properly attributed several delays in setting trial to Defendant, and properly denied his motion to dismiss charges based on violation of speedy trial right. Court explicitly asked defense counsel to continue matter on Defendant's motion, and defense counsel answered affirmatively; Defendant failed to promptly repudiate defense counsel's actions. Defendant has responsibility to take affirmative action when he becomes aware that his trial is being delayed by objecting to delay by written or oral demand for trial. (HOLDRIDGE, concurring; O'BRIEN, dissenting.)