People v. Miller, 84-2372

• Court: United States Appellate Court of Illinois
• Citation: 509 N.E.2d 807,157 Ill.App.3d 43,109 Ill.Dec. 146
• Docket Number: No. 84-2372,84-2372
• Parties: , 109 Ill.Dec. 146 The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Donna MILLER, Defendant-Appellee.
• Decision Date: 30 June 1987

Page 807

509 N.E.2d 807 157 Ill.App.3d 43, 109 Ill.Dec. 146 The PEOPLE of the State of Illinois, Plaintiff-Appellant,
v.
Donna MILLER, Defendant-Appellee. No. 84-2372. Appellate Court of Illinois,
First District, Third Division. June 30, 1987.

[157 Ill.App.3d 44] Richard M. Daley, Chicago (Joan S. Cherry and Thomas P. Needham, of counsel), for plaintiff-appellant.

James J. Doherty, Chicago (James H. Reddy, of counsel), for defendant-appellee.

Justice RIZZI delivered the opinion of the court:

Defendant, Donna Miller, was charged by indictment with escape. (Ill.Rev.Stat.1983, ch. 38, par. 31-6(a).) The State appeals from an order of the circuit court dismissing the indictment for failure to comply with the statute of limitations. (Ill.Rev.Stat.1983, ch. 38, par. 3-5.) The State contends the court erred in sustaining defendant's motion to dismiss (Ill.Rev.Stat.1983, ch. 38, par. 114-1(a)(2)) the indictment where escape is a continuing offense which is not barred by the statute of limitations. See Ill.Rev.Stat.1983, ch. 38, par. 3-8.

The defendant was convicted of felony theft on September 20, 1978, and sentenced to 30 months' probation with the condition that [157 Ill.App.3d 45] she serve a period of work release in the Cook County Department of Corrections. The defendant failed to return on September 30, 1978, to the Cook County Department of Corrections in accord with the work release program and remained a fugitive until May 29, 1984. On May 29, 1984, defendant was indicted for the offense

Page 808

[109 Ill.Dec. 147] of escape. (Ill.Rev.Stat.1983, ch. 38, par. 31-6(a).) Defendant filed a motion to dismiss the indictment contending prosecution of the offense was barred by the statute of limitations. (Ill.Rev.Stat.1983, ch. 38, par. 114-1(a)(2).) Specifically, defendant argued that the indictment alleged an offense barred by the three-year limitation period. (Ill.Rev.Stat.1983, ch. 38, par. 3-5.) The State's response to defendant's motion alleged that the defendant's crime was a continuing offense within the purview of section 3-8 of the Criminal Code (Ill.Rev.Stat.1983, ch. 38, par. 3-8) and thus the indictment was entered in a timely manner.

On September 24, 1984, the trial court entered an order granting defendant's motion to dismiss, holding that the statute of limitations for the offense charged had expired. On appeal, the State contends that the defendant's failure to report to the work release program from September 30, 1978, through May 29, 1984, constituted an escape which was a continuing offense and thus was not barred by the statute of limitations. Conversely, defendant argues that the limitations period began on September 30, 1978, the date she allegedly failed to return to the work release program and, further, that the indictment failed to allege facts sufficient to invoke an exception to the statutorily enumerated limitation period.

Unauthorized absence from a work release...