People v. Sitkowski

891 N.E.2d 879, 382 Ill. App. 3d 1072, 322 Ill. Dec. 588, 2008 Ill. App. LEXIS 547
Appellate Court of Illinois·Decided June 9, 2008·No. 2-07-0305 Rel·Published·Cited by 4 cases

Opinion

JUSTICE HUTCHINSON

delivered the opinion of the court:

The State appeals the trial court’s order in which a charge against Charles M. Sitkowski was dismissed for violation of his speedy-trial right under section 3 — 8—10 of the Unified Code of Corrections (Unified Code) (the intrastate detainers statute) (730 ILCS 5/3 — 8—10 (West 2004)). The State argues that Sitkowski’s speedy-trial demand was not effective after he was released from incarceration. We affirm.

I. BACKGROUND

On October 3, 2003, Sitkowski was arrested in Du Page County for driving while his license was revoked (625 ILCS 5/6 — 303(a) (West 2002)). Sitkowski failed to appear in court, a judgment was entered forfeiting his bond, and a bench warrant was issued. On December 16, 2004, Sitkowski was arrested under the warrant. He posted bond and then failed to appear for his March 14, 2005, court date. Another judgment was entered forfeiting his bond, and another bench warrant was issued.

On June 3, 2005, Sitkowski was arrested in another county on a separate charge of driving while his license was revoked. For unknown reasons, he was not served with the Du Page County warrant. Sitkowski was convicted and sentenced to two years’ incarceration in a Department of Corrections (DOC) facility. On October 14, 2005, while he was incarcerated, Sitkowski filed a speedy-trial demand in the present case, under the intrastate detainers statute. Although the speedy-trial demand does not appear in the record on appeal, the State does not dispute that a speedy-trial demand was mailed on October 14, 2005.

On December 2, 2005, Sitkowski was released from incarceration on mandatory supervised release. Sitkowski still was not served with the Du Page County warrant and, on March 20, 2006, the State dismissed the charge by nolle prosequi. On May 2, 2006, Sitkowski was indicted in Du Page County for aggravated driving while his license was revoked (625 ILCS 5/6 — 303(a), (d) (West 2002)), based on the same facts as the initial charge.

The State did not serve Sitkowski until November 20, 2006. That same day, Sitkowski made a second speedy-trial demand. He was arraigned on December 18, 2006, and on January 25, 2007, he moved to dismiss the charge for failure to bring him to trial within the statutory speedy-trial period.

A hearing was held and the State argued that the speedy-trial period was tolled after Sitkowski was released from incarceration. The trial court observed that the State failed to provide a reason for why Sitkowski was not served until November 2006. The court also observed that Sitkowski was on supervised release and that the State should have been able to locate him. The court determined that the time was not tolled and it dismissed the indictment. The State appeals.

II. ANALYSIS

The sole issue on appeal is whether Sitkowski’s release from incarceration tolled the speedy-trial period. The State argues that, once Sitkowski was released, he was no longer subject to the intrastate detainers statute. Thus, the State contends that, until Sitkowski made a new demand under section 103 — 5(b) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/103 — 5(b) (West 2006)), the time was tolled. Sitkowski argues that his demand under the intrastate detainers statute was effective and that the speedy-trial period was not tolled during the time between his release and the dismissal by nolle prosequi because he was on mandatory supervised release, which is a DOC program. The parties do not dispute that the speedy-trial period was tolled during the time between the dismissal and when the charges were refiled.

“The right to a speedy trial is guaranteed by the Federal and Illinois Constitutions (U.S. Const., amends. VI, XIV; Ill. Const. 1970, art. I, §8).” People v. Staten, 159 Ill. 2d 419, 426 (1994). A criminal defendant in Illinois has a statutory right to a speedy trial. 725 ILCS 5/103 — 5 et seq. (West 2004). The speedy-trial statute enforces the constitutional right to a speedy trial, and its protections are to be liberally construed in favor of the defendant. People v. Buford, 374 Ill. App. 3d 369, 372 (2007). “[T]he statutory right to a speedy trial is not the precise equivalent of the constitutional right.” Staten, 159 Ill. 2d at 426. “Proof of a violation of the statutory right requires only that the defendant has not been tried within the period set by statute and that [the] defendant has not caused or contributed to the delays.” Staten, 159 Ill. 2d at 426. Because this appeal presents purely legal questions, the standard of review is de novo. People v. King, 366 Ill. App. 3d 552, 554 (2006).

“[T]he Illinois legislature has enacted three principal speedy-trial statutes.” King, 366 Ill. App. 3d at 554; see People v. Wooddell, 219 Ill. 2d 166, 174 (2006). Section 103 — 5(a) of the Code provides an automatic 120-day speedy-trial right for a person held in custody on the pending charge and does not require a speedy-trial demand to exercise that right. 725 ILCS 5/103 — 5(a) (West 2004). Section 103— 5(b) of the Code contains a 160-day speedy-trial right for a person released on bond or recognizance, and the period begins to run only when the accused files a written demand for a speedy trial. Finally, the intrastate detainers statute applies the speedy-trial period contained in section 103 — 5(b) to a person “committed to any institution or facility or program of the [DOC]” who has charges pending, provided that he or she serves a written demand. 730 ILCS 5/3 — 8—10 (West 2004); see King, 366 Ill. App. 3d at 354-55; People v. Penrod, 316 Ill. App. 3d 713, 717 (2000). “Thus, under the intrastate detainers statute, a person already incarcerated on an unrelated charge enjoys the exact same speedy-trial right as someone released on bond or recognizance— that is, a ‘statutory right to be tried within 160 days.’ ” Wooddell, 219 Ill. 2d at 172, quoting Staten, 159 Ill. 2d at 428.

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People v. Sitkowski, 891 N.E.2d 879, 382 Ill. App. 3d 1072, 322 Ill. Dec. 588, 2008 Ill. App. LEXIS 547 (Ill. Ct. App. 2008).

891 N.E.2d 879 (People v. Sitkowski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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