Search

Criminal Law FLASHPOINTS January 2025

CRIMINAL LAW FLASHPOINTS January 2025
Matthew R. Leisten, Ogle County State’s Attorney’s Office, Oregon
815-732-1170 | E-mail Matthew R. Leisten

Fourth District Appellate Court Rules Defendant's Trial Delay Request Tolled 90-Day Speedy-Trial Period

In People v. Roa, 2024 IL App (4th) 241051, the Fourth District Appellate Court held that the defendant’s right to a trial within 90 days of his pretrial detainment was not violated because the defendant’s continuance tolled the 90-day time.

In Roa, the defendant was charged with predatory criminal sexual assault of a child. The state’s petition to deny pretrial release was granted on May 2, 2024. On May 23, the defendant’s public defender asked for a trial on July 15 and a June 6 pretrial date. 2024 IL App (4th) 241051 at ¶¶3 – 4.

On June 6, one of the assigned public defenders told the trial court that one of them might have a conflict and agreed to continue the case to June 17. On June 17, a new public defender told the trial court that the public defenders were still collecting information about the case and asked for a July 1 date. The case was continued by agreement. 2024 IL App (4th) 241051 at ¶¶5 – 7.

On July 1, the state was granted a trial continuance, and the trial was reset for August 5, with a pretrial date of July 18. The defendant asserted his right to a speedy trial. On July 18, the case was continued by agreement until July 29 for a pretrial conference. 2024 IL App (4th) 241051 at ¶¶8 – 9.

On July 19, the defense asked for the defendant to be released on July 31 under 725 ILCS 5/110-6.1(i) because he would have been detained for 90 days pursuant to the court’s May 2 order denying pretrial release. The trial court denied the motion. 2024 IL App (4th) 241051 at ¶¶10, 16.

On appeal, the appellate court disagreed with the defendant’s argument that all the days following his detainment on May 2 should have been attributed to the state. 2024 IL App (4th) 241051 at ¶24. The appellate court noted that part of §110-6.1(i) states that the trial court shall omit from the 90-day calculation any period of delay resulting from a continuance granted at the request of the defendant and any period of delay resulting from a continuance granted at the request of the state with good cause shown pursuant to the speedy-trial statute, 725 ILCS 5/103-5. 2024 IL App (4th) 241051 at ¶24.

The appellate court also emphasized that the statute does not say a court shall not count any period of delay resulting from a continuance of only the defendant’s trial when computing the 90-day period. 2024 IL App (4th) 241051 at ¶24.

The appellate court adopted the Illinois Supreme Court’s speedy-trial precedent in People v. Cross, 2022 IL 127907, 215 N.E.3d 953, 465 Ill.Dec. 748, and concluded that

[b]ased on the plain language of section 110-6.1(i) of the Code (725 ILCS 5/110-6.1(i) (West 2022)) and our supreme court’s reasoning in Cross, we see no reason why a continuance requested by a defendant subject to pretrial detention would not toll the 90-day period to bring the defendant to trial, regardless of whether the continuance caused or contributed to a postponement of the date set for the defendant’s trial when the continuance was granted.2024 IL App (4th) 241051 at ¶26.

The appellate court noted that the case was continued several times by agreement. The appellate court specifically pointed out that the defense asked for a continuance on June 17 until July 1 and therefore that period could not be included in the 90-day calculation. 2024 IL App (4th) 241051 at ¶¶27 – 28. The appellate court declined to review all the other continuances because the June 17 – July 1 period was already excluded from the calculation, and it therefore affirmed the trial court’s denial of pretrial release. 2024 IL App (4th) 241051 at ¶¶28 – 29.

For more information about criminal law, see CRIMINAL RECORDS: EXPUNGEMENT AND OTHER RELIEF (IICLE®, 2024). Online Library subscribers can view it for free by clicking here. If you don’t currently subscribe to the Online Library, visit www.iicle.com/subscriptions.

Leave your comment
Filters
Sort
display