People v. Spurlock

903 N.E.2d 874, 388 Ill. App. 3d 365, 328 Ill. Dec. 214, 2009 Ill. App. LEXIS 80
CourtAppellate Court of Illinois
DecidedFebruary 26, 2009
Docket5-07-0161
StatusPublished
Cited by16 cases

This text of 903 N.E.2d 874 (People v. Spurlock) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Spurlock, 903 N.E.2d 874, 388 Ill. App. 3d 365, 328 Ill. Dec. 214, 2009 Ill. App. LEXIS 80 (Ill. Ct. App. 2009).

Opinion

JUSTICE STEWART

delivered the opinion of the court:

The State of Illinois appeals from an order of the circuit court of Pulaski County, Illinois, dismissing criminal charges and dismissing a petition filed under the Sexually Dangerous Persons Act (the Act) (725 ILCS 205/0.01 et seq. (West 2006)). The circuit court’s dismissal of the proceedings was based on a violation of the speedy trial statute (725 ILCS 5/103 — 5 (West 2006)). This appeal presents an issue of first impression: whether the filing of a petition under the Act stays the underlying criminal proceeding, including the time allowed to commence the defendant’s trial under the speedy trial statute. Considering the language and history of the statutes involved, we hold that the filing of a petition under the Act stays the criminal proceeding, including the statutory speedy trial period, during the pendency of the proceedings under the Act. Accordingly, we reverse the circuit court’s dismissal order and remand for further proceedings.

BACKGROUND

On March 30, 2006, the State charged the defendant, Chad Spur-lock, with two counts of criminal sexual assault and one count of intimidation. The defendant was arrested and taken into custody the same day, and he remained in custody throughout the proceedings in the circuit court. On May 11, 2006, the defendant made an oral motion for a fitness examination, and the circuit court entered an order on May 17, 2006, granting the fitness examination. On July 10, 2006, the circuit court conducted a fitness hearing pursuant to section 104 — 16 of the Code of Criminal Procedure of 1963 (725 ILCS 5/104 — 16 (West 2006)), and the court found the defendant unfit to stand trial. The circuit court remanded the defendant to the Department of Human Services for treatment.

At a hearing held on October 16, 2006, the circuit court found that the defendant had been rehabilitated by his treatment and that he was fit to stand trial. The trial court scheduled the defendant’s jury trial to begin on November 27, 2006. At that point, 34 days had passed for speedy trial purposes, and the State and the defendant agreed that the November 27, 2006, trial setting was timely under the defendant’s statutory speedy trial rights. On November 6, 2006, however, the State filed a petition pursuant to the Act to have the defendant declared a sexually dangerous person. Under the Act, if a jury finds the defendant to be a sexually dangerous person, he is committed to the custody of the Director of Corrections for care and treatment and does not face criminal punishment for the charged criminal offenses. 725 ILCS 205/8, 9 (West 2006).

At a pretrial hearing held on November 6, 2006, the circuit court stated, “I believe under the statute [the sexually dangerous persons petition] immediately puts a stop to the proceedings that are occurring in the criminal case which is [No.] 06 — CF—39.” The trial court stated that it was removing the criminal case from the November jury docket, and the defendant’s attorney stated: “[S]ince the petition has been filed, we cannot object as far as tolling. But I would bring to the Court’s attention the fact that my client is in custody, and he does have a right to a speedy trial.”

On January 8, 2007, the State filed a request for the sexually dangerous persons petition to be docketed for a jury trial. The State’s motion alleged that the speedy trial statute (725 ILCS 5/103 — 5 (West 2006)) required a trial on the criminal charges before March 7, 2007. The State, therefore, requested a February 2007 trial setting on the sexually dangerous persons petition to avoid any conflict with the speedy trial statute. On January 12, 2007, the defendant filed a motion to dismiss the sexually dangerous persons petition pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 2006)). The issues the defendant raised in his motion to dismiss were unrelated to the speedy trial statute.

At a January 29, 2007, status hearing, the court scheduled the jury trial on the sexually dangerous persons petition for February 26, 2007. The court scheduled a hearing on the defendant’s motion to dismiss the petition for February 15, 2007. The defendant’s attorney told the trial court that he would also like the criminal case to “be called up” at the February 15 hearing. The State told the court that, under the Act, if the defendant was found to be a sexually dangerous person, the State would be precluded from proceeding with the underlying criminal charges. The State maintained, therefore, that the sexually dangerous persons petition “tabled” the criminal case. The defendant, however, argued that the case involved two separate proceedings and that the criminal case was still ongoing. The court did not make any determination on that issue at the January 29, 2007, hearing and directed the defendant to file a motion if he believed he was entitled to any relief.

On February 15, 2007, the parties appeared in court on the defendant’s motion to dismiss the sexually dangerous persons petition, and the circuit court denied the motion. The State requested the court to set a deadline for any further motions in the sexually dangerous persons proceeding, but the defendant’s attorney stated that he intended to utilize “each and every” discovery option available for civil cases, including interrogatories, requests to admit facts, and depositions. The defendant, therefore, requested a continuance in the sexually dangerous persons proceeding, but he wanted to “stand firm” on the trial date for the criminal matter and not waive his right to a speedy trial. The State again argued that the filing of the sexually dangerous persons petition “tabled” the criminal case. The defendant countered that the State could enter a nolle prosequi in the criminal case if it could not proceed with the sexually dangerous persons petition before the expiration of the 120-day speedy trial period. The State disagreed, noting that the Act required pending criminal charges and that the criminal charges would no longer be pending if it entered a nolle prosequi.

The trial court stated that it had not found any authority which indicated that the filing of the sexually dangerous persons petition tolled the defendant’s statutory speedy trial rights on the underlying criminal charges. The trial court concluded that, in the absence of case law, it was going to err “on the side of protecting the speedy trial demand.” Therefore, the court found that the filing of the sexually dangerous persons petition did not toll the running of the defendant’s statutory speedy trial period. The State told the court that it would be ready to proceed with a trial on the sexually dangerous persons petition on the scheduled February 26, 2007, trial date. The defendant argued that since the trial court had just denied his motion to dismiss, he needed time to answer the sexually dangerous persons petition and conduct discovery before a trial on the sexually dangerous persons petition.

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Cite This Page — Counsel Stack

Bluebook (online)
903 N.E.2d 874, 388 Ill. App. 3d 365, 328 Ill. Dec. 214, 2009 Ill. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spurlock-illappct-2009.