People v. Richards, 77-811

• Court: United States Appellate Court of Illinois
• Writing for the Court: ROMITI; JIGANTI, P. J., and LINN
• Citation: 28 Ill.Dec. 104,71 Ill.App.3d 581,390 N.E.2d 86
• Parties: , 28 Ill.Dec. 104 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth J. RICHARDS, Defendant-Appellant.
• Docket Number: No. 77-811,77-811
• Decision Date: 26 April 1979

Page 86

390 N.E.2d 86 71 Ill.App.3d 581, 28 Ill.Dec. 104 The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Kenneth J. RICHARDS, Defendant-Appellant. No. 77-811. Appellate Court of Illinois, First District, Fourth Division. April 26, 1979.

[71 Ill.App.3d 582]

Page 87

[28 Ill.Dec. 105] James J. Doherty, Public Defender of Cook County (John McNamara and Suzanne M. Xinos, Asst. Public Defenders, of counsel), for defendant-appellant.

Bernard Carey, State's Atty. of Cook County (Lee T. Hettinger and Paul C. Gridelli, Asst. State's Attys., of counsel), for plaintiff-appellee.

ROMITI, Justice:

Defendant Kenneth Richards appeals from his conviction for aggravated battery. We consider only his claim that the trial court abused its discretion in twice extending the term within which the defendant was to be brought to trial. Because we agree with this contention we reverse defendant's conviction.

The running of defendant's term was tolled on June 6, 1976 when he missed a court appearance while on bond. The term began anew, under the provision of the Speedy Trial Act then in effect (Ill.Rev.Stat.1975, ch. 38, par. 103-5(f)), when defendant was taken into custody on the resulting bond forfeiture warrant on July 24, 1976. He remained in custody until his trial began on December 8, 1976. During that period no delays were attributable to him.

On November 4, 1976 the State requested a continuance beyond the scheduled November 17, 1976 trial date. The request was based on the representation of the complaining witness, Denise Richards (defendant's sister-in-law), that she had to attend a job-training seminar in Wausau, Wisconsin for two weeks beginning on November 7, 1976 after which she would also have to undergo training at her job site in River Forest, Illinois for two additional weeks. She indicated that if she failed to attend the seminar she would lose her job. But although the State requested this continuance, they also informed the court they were ready to proceed to trial the same day if necessary. Over defendant's objection the court granted an extension to December 7, 1976. On that date the complainant was late in coming to court. Before her arrival defendant moved for dismissal under the 4-Term Act, but the court indicated its intention to extend the term one additional day because other matters were "on trial." Later that day the witness appeared, explaining that her car had "stopped." Defendant and the State answered ready for trial but the [71 Ill.App.3d 583] court, apparently on its own motion, continued the cause for one day. Defendant's motion for a speedy trial dismissal was denied that day and again on December 8 when he renewed the motion. Trial began with the selection of the jury on December 8, 1976. (People v. Williams (1974), 59 Ill.2d 402, 320 N.E.2d 849.) Thus, defendant's trial began 137 days after he was taken into custody, seventeen days beyond the time within which the...