People v. McKinstry

In a consolidated appeal, Defendant appealed from multiple felony convictions and alleged that the trial court violated his right to a speedy trial on one of the two cases that were consolidated when it granted the State’s pretrial motion for continuance to obtain DNA results. The appellate court found that the trial court order granting the motion was an abuse of discretion because it did not follow the “clear” procedures required by statute and case law and that this created a scenario where defendant was compelled to move for a continuance because he was reassigned appointed counsel who needed time to prepare for trial. The appellate court held that under these “unique circumstances,” the delay was not attributable to the defense and because the delay prevented the case from going to trial within 120 days, defendant’s speedy-trial right was violated. (SCHMIDT, concurring. LYTTON, specially concurring.)