People v. Meeks

Defendant was convicted of home invasion and unlawful restraint, on charges filed in 2009. When State, on 9/21/09, nol-prossed Defendant's 2008 charge of criminal damage to property, State was obligated to bring the case to trial within 120 days. However, Defendant was released from custody on 12/11/2009, at which point the 120-day speedy-trial period of section 103-5(e) no longer applied. Defendant demanded a trial within 160 days, pursuant to section 103-5(b), and on day of trial he moved to dismiss on basis that the 160-day period had lapsed. As Day 160 was a Sunday, the State was entitled to bring the case to trial on the next day that court was in session. No violation of right to speedy trial.(BIRKETT and HUTCHINSON, concurring.)