People v. Staake

This case presents question as to whether State violated speedy trial statute by trying defendant for first degree murder charge more than 120 days after he was taken into custody on second degree murder charge. Appellate Court, in finding no speedy trial violation, held that: (1) criminal behavior that State attributed to defendant was same with respect to both first and second degree murder charges; (2) first degree murder charge was not “new and additional” charge with respect to originally charged second degree murder charge, where only difference between said charges was existence of mitigating factor; (3) State’s decision to no longer concede existence of mitigating factor associated with second degree murder charge did not implicate compulsory joinder doctrine; and (4) defendant’s ability to prepare for trial was not hindered when State filed amended information charging defendant with first degree murder charge approximately one month prior to start of trial.