People v. Dalton

Defendant was convicted, after jury trial, of aggravated criminal sexual abuse. Because both counts, one filed more than 120 days after State originally charged Defendant, and the originally filed count, were based on same physical act, Defendant's right to a speedy trial was violated when State filed additional charge more than 120 days after filing original charge. Defendant made substantial showing of claim that appellate counsel provided ineffective assistance for failing to raise trial counsel's ineffectiveness as to speedy trial violation. Because dismissal of Section 2-1401 petition occurred prior to expiration of 30-day period, dismissal was premature.(LYTTON and O'BRIEN, concurring.)