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ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Kazenko, 2012 IL App (3d) 110529

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. AARON S. KAZENKO, Defendant-Appellee.

District & No.

Third District Docket No. 3-11-0529 July 2, 2012 Where defendant was initially charged by way of a uniform traffic ticket with driving under the influence of drugs and alcohol, and on the scheduled trial date, more than 160 days after defendant's speedy trial demand, the State was allowed to file an information charging driving under the influence of alcohol, the dismissal of that charge on speedy trial grounds was reversed, because it was charged by an information, the compulsory-joinder rule did not apply, the speedy-trial period from the initial charge did not apply to the later charge, and the speedy-trial term was not violated as to that charge. Appeal from the Circuit Court of Will County, No. 10-DT-2060; the Hon. Joseph C. Polito, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Reversed and remanded.

Counsel on Appeal

James Glasgow, State's Attorney, of Joliet (Terry A. Mertel and Thomas D. Arado (argued), both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People. Ted P. Hammel (argued) and David P. Smith, both of Brumund, Jacobs, Hammel, Davidson & Andreano, LLC, and Kristen N. Messamore, of Hammel Law Offices, P.C., both of Joliet, for appellee.

Panel

JUSTICE CARTER delivered the judgment of the court, with opinion. Justice Holdridge concurred in the judgment and opinion. Presiding Justice Schmidt specially concurred, with opinion.

OPINION

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Illinois Law