People v. Fiveash

This case presents question as to whether defendant, who was over 21, could be charged and prosecuted as adult on charge of aggravated criminal sexual assault charge, where: (1) defendant was 14-year old juvenile at time of alleged commission of said offense; (2) statute of limitations had not yet expired on said offense; and (3) instant 12-year delay in prosecuting charge was not attributable to state. While trial court dismissed indictment as if case was barred by statute of limitations, Appellate Court found that section 5-120 of Juvenile Court Act permits indictment of person who has attained 21 years of age for offenses allegedly committed when deemed minor under said Act.