People v. Mullins

State: Illinois

Court: 4th District Appellate

Docket No: 4-10-0016 Rel

Case Date: 10/06/2010

Preview:Filed 10/6/10

NO. 4-10-0016 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RICKY A. MULLINS, Defendant-Appellee.

) Appeal from ) Circuit Court of ) Vermilion County ) No. 08CF638 ) ) Honorable ) Craig H. DeArmond, ) Judge Presiding. _________________________________________________________________ JUSTICE KNECHT delivered the opinion of the court: In October 2008, the State charged defendant, Ricky A. Mullins, in case No. 08-CF-638 with possession of a controlled substance (720 ILCS 570/402(a)(2)(A) (West 2008)) and possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2008)). In December 2009, the trial court

granted his motion to dismiss because the State violated his right to a speedy trial under section 103-5(b) of the Code of Criminal Procedure of 1963 (Speedy-Trial Act) (725 ILCS 5/1035(b) (West 2008)) and section 3-8-10 of the Unified Code of Corrections (Intrastate Detainers statute) (730 ILCS 5/3-8-10 (West 2008)). The State appeals, arguing defendant (1) failed to

notify the State about his demand for trial and (2) did not comply with the requirements of the Intrastate Detainers statute. We affirm. I. BACKGROUND

On October 24, 2008, the Vemilion County State's Attorney's office filed an information in case No. 08-CF-638 charging defendant with one count of possession of a controlled substance and one count of possession of a controlled substance with intent to deliver. On October 27, 2008, the trial court At

issued an arrest warrant for defendant in case No. 08-CF-638.

some point prior to March 4, 2009, defendant was incarcerated in Graham Correctional Center on an unrelated offense. On March 4, 2009, defendant filed a handwritten "Motion for Speedy Trial" on the Vermilion County charges with the circuit clerk of Vermilion County. On March 9, 2009, defendant

pro se filed two additional documents containing boilerplate language with the circuit clerk. The first document was titled This document

"Demand for Speedy Trial and/or to Quash Warrant."

referenced defendant's right to a speedy trial under the Intrastate Detainers statute (730 ILCS 5/3-8-10 (West 2008)), the Speedy-Trial Act (725 ILCS 5/103-5 (West 2008)), and article I, section 8, of the Illinois Constitution (Ill. Const. 1970, art. I,

Download People v. Mullins.pdf