People v. Gay

903 N.E.2d 741, 387 Ill. App. 3d 424, 328 Ill. Dec. 81, 2008 Ill. App. LEXIS 1334
Appellate Court of Illinois·Decided December 31, 2008·No. 4-07-0559·Published·Cited by 1 cases

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In June 2006, a jury convicted defendant, Anthony Gay, of two counts of aggravated battery (720 ILCS 5/12 — 4(b)(6) (West 2000)). In March 2007, the trial court sentenced defendant to concurrent prison terms of eight years on each count, to be served consecutively to sentences he was serving in several unrelated cases.

Defendant appeals, arguing only that the State violated his constitutional right to a speedy trial under the sixth amendment to the United States Constitution (U.S. Const., amend. VI). We disagree and affirm.

I. BACKGROUND

Because the parties are familiar with the extensive procedural history in this case, we discuss it only as necessary to place defendant’s argument in context.

On February 2, 2004, the State charged defendant, who was then an inmate at Dixon Correctional Center, with three counts of aggravated battery (720 ILCS 5/12 — 4(b)(6) (West 2000)). Specifically, the State alleged that on February 11, 2001, defendant “knowingly made physical contact of an insulting or provoking nature” with Francis Drnjevic (count I), Dustin McQuire (count II), and Joni Harris (count III), in that defendant threw a semisolid substance upon them, knowing that they were correctional officers who were engaged in the execution of their official duties.

When defendant was charged in this case (Livingston County case No. 03 — CF—24 (case 24)), he also had the following aggravated-battery cases pending in Livingston County: (1) case No. 03 — CF—13 (case 13); (2) case No. 03 — CF—59 (case 59); (3) case No. 03 — CF—60 (case 60); (4) case No. 03 — CF—61 (case 61); (5) case No. 03 — CF—62 (case 62); (6) case No. 03 — CF—146 (case 146); (7) case No. 03 — CF— 172 (case 172); (8) case No. 03 — CF—269 (case 269); (9) case No. 03— CF — 298 (case 298); (10) case No. 03 — CF—299 (case 299); and (11) case No. 03 — CF—318 (case 318).

On April 2, 2004, defendant pro se filed a demand for speedy trial in this case (case 24) pursuant to section 3 — 8—10 of the Unified Code of Corrections (730 ILCS 5/3 — 8—10 (West 2004)) and section 103 — 5 of the Code of Criminal Procedure of 1963 (Criminal Code) (725 ILCS 5/103 — 5(b) (West 2004)). Earlier, on July 1, 2003, defendant had filed a demand for speedy trial in case Nos. 59, 60, 61, 62, and 146. In addition, on March 3, 2004, defendant pro se filed a demand for a speedy trial in case Nos. 13, 146 (which he had previously listed in his July 2003 demand), 172, 269, 298, 299, and 318.

In May 2004, the trial court ordered a fitness examination pursuant to section 104 — 13 of the Criminal Code (725 ILCS 5/104 — 13 (West 2004)) based on its observation of defendant during an April 28, 2004, hearing. As a result of the court’s order, defendant’s pending cases were stayed. At that time, the status of defendant’s 13 pending cases was as follows: (1) three cases pending sentencing (case Nos. 60, 61, and 62), (2) eight previously filed cases that had yet to be resolved (case Nos. 13, 59, 146, 172, 269, 298, 299, and 318), (3) a newly filed case (Livingston County case No. 03 — CF—63 (case 63), and (4) this case (case 24).

On July 16, 2004, the State sent a letter to the trial court stating, in pertinent part, that efforts to comply with the court’s fitness-examination order proved problematic because of defendant’s repeated, self-inflicted injuries. On February 2, 2005, defendant’s counsel filed a motion for psychiatric examination, which the court granted. Following a March 16, 2005, fitness hearing, the court found defendant fit to proceed and scheduled a June 8, 2005, joint sentencing and pretrial hearing on all 13 of defendant’s pending cases. At that same hearing, defendant discharged his counsel and elected to proceed pro se.

On March 28, 2005, defendant pro se filed a motion for substitution of judge, which the trial court granted that same day. On April 7, 2005, defendant pro se filed a second motion for substitution of judge. Following a July 7, 2005, hearing, the court denied defendant’s motion and rescheduled a hearing on defendant’s pending cases for July 22, 2005.

A summary of the proceedings on defendant’s pending cases showed the following: (1) on July 22, 2005, the trial court sentenced defendant in case Nos. 60, 61, and 62; (2) on August 31, 2005, a jury convicted defendant in case No. 172, and the court sentenced him on October 28, 2005; (3) on November 8, 2005, a jury convicted defendant in case No. 13, and the court sentenced him on December 14, 2005; (4) on November 15, 2005, a jury convicted defendant in case No. 269, and the court sentenced him on January 9, 2006; (5) on January 23, 2006, a jury convicted defendant in case No. 298, and the court sentenced him on February 28, 2006; (6) on January 25, 2006, a jury convicted defendant in case No. 299, and the court sentenced him on February 28, 2006; (7) on March 13, 2006, a jury convicted defendant in case No. 146, and the court sentenced him on March 16, 2006; and (8) on April 14, 2006, a jury convicted defendant in case No. 63, and the court sentenced him on August 15, 2006.

On June 5, 2006, defendant pro se filed a motion to dismiss the present case, arguing that because the State had not “tried [him] within the time prescribed by law,” the trial court should dismiss the State’s three-count information. Specifically, defendant contended that “[f]rom July 22, 2005[,] the State had six months to try [him] on the pending charge.”

On July 12, 2006, the trial court entered a written order, stating in pertinent part as follows:

“The Statef,] at all times after being requested or ordered by the court, has shown exemplary diligence in obtaining evidence material to the case requested by the defendant. The State has also shown an excellent degree of cooperation in the production of witnesses requested by the defendant.”

Although the court’s written order indicated that it was denying defendant’s motion, it inadvertently omitted that last paragraph and, thus, did not explicitly provide a ruling on defendant’s motion.

Following a June 2006 trial, a jury convicted defendant on counts I and II. In March 2007, the trial court sentenced defendant as previously stated.

In August 2006, defendant, who was then represented by appointed counsel, filed an amended motion for arrest of judgment and other posttrial relief, requesting, in pertinent part, that the trial court rule on his June 2006 motion to dismiss. At an October 2006 hearing, the court responded, in pertinent part, as follows:

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People v. Gay, 903 N.E.2d 741, 387 Ill. App. 3d 424, 328 Ill. Dec. 81, 2008 Ill. App. LEXIS 1334 (Ill. Ct. App. 2008).

903 N.E.2d 741 (People v. Gay) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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