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People v. Campa12/1/2005
Docket No. 99501-Agenda 10-September 2005.
At issue is whether defendant, Benjamin Campa, received a speedy trial as required by section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2000)). The appellate court held that he did not. 353 Ill. App. 3d 178. We granted the State's petition for leave to appeal (177 Ill. 2d R. 315(a)). For the reasons that follow, we affirm the judgment of the appellate court.
BACKGROUND
Defendant was arrested on August 19, 2001, following a traffic accident. He was eventually charged with driving under the influence of alcohol (625 ILCS 5/11-501(a) (2) (West 2000)), driving without a license (625 ILCS 5/6-101 (West 2000)), and driving without insurance (625 ILCS 5/3-707 (West 2000)). At his arraignment on August 20, 2001, defendant filed a demand for a speedy trial in accordance with the speedy-trial provision of the Code of Criminal Procedure (725 ILCS 5/103-5 (West 2000)). The circuit court of Cook County set bail at $5,000, but defendant was unable to post the money required to make bail.
On August 21, 2001, the Cook County sheriff's office placed defendant in its "Electronic Home Monitoring Program." However, on September 5, 2001, the Cook County sheriff's office transferred defendant to the Day Reporting Center. In connection with the transfer, defendant signed a document entitled "Agreement Governing Transfer to the Day Reporting Center." The agreement specified certain terms and conditions for defendant's participation in the Day Reporting Center program, including the requirements that defendant report to the Day Reporting Center as scheduled; attend all portions of the Day Reporting Center program; and abide by all program rules. Lastly, the agreement warned that defendant's failure to comply with the conditions contained therein "and any additional conditions shall result in the revocation of this agreement and return to the Cook County Department of Corrections." During the time that defendant participated in the Day Reporting Center program, he reported to the Day Reporting Center Monday through Friday from 8 a.m. until 1:30 p.m.
By agreement, the trial court scheduled defendant's trial for December 21, 2001. On that day, the State represented to the court that the arresting officer was in court, but the State's complaining witnesses were not. The State requested a continuance. Defense counsel made both an oral and a written demand for a speedy trial. Defense counsel informed the court that defendant was not free on bond, but had to report every day to the Day Reporting Center. Because the court indicated its willingness to reconsider the amount that had been set for defendant's bail, defense counsel moved for a bond reduction. The court realized, however, that the court file on another DUI case pending against defendant was missing. The court then stated that it could not reduce the amount of bail without reviewing the other file. Although defense counsel insisted that he was ready to proceed to trial and demanded trial, the court continued the case to January 31, 2002. The court indicated on the court file that the complaining witness was not in court.
On January 31, 2002, the State indicated that it was not ready to proceed. Having filed a written demand for a speedy trial, defendant stated that he was ready for trial and that he was demanding trial. The trial court asked the State to check "term" and indicated that the trial would be set to "term." The State requested that the court continue the case to May 3, 2002, and the court granted the continuance.
On May 3, 2002, defendant filed a petition for discharge pursuant to section 103-5(a) of the
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