PEOPLE v. McDUFFEE

No. 86539.

719 N.E.2d 732 (1999)

187 Ill.2d 481

241 Ill.Dec. 603

The PEOPLE of the State of Illinois, Appellee, v. Randall A. McDUFFEE, Appellant.

Supreme Court of Illinois.

September 23, 1999.


Attorney(s) appearing for the Case

Paul R. Wilson, Jr., Rantoul, for Appellant.

James E. Ryan, Attorney General, Springfield, Tony Lee, State's Attorney, Paxton (Joel D. Bertocchi, Solicitor General, William L. Browers, Bridget L. Field, Assistant Attorneys General, Chicago, of counsel), for the People.


Justice McMORROW delivered the opinion of the court:

The principal issue presented in this case is whether the trial court erred in finding that defendant's motion for substitution of judge was filed outside of the 10-day period specified in section 114-5(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(a) (West 1996)).

BACKGROUND

On May 10, 1997, the defendant, Randall A. McDuffee, was charged by Illinois citation and complaint (traffic...

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