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PEOPLE v. STANITZ

No. 2-05-0830.

857 N.E.2d 288 (2006)

306 Ill.Dec. 195

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Constantine J. STANITZ, Defendant-Appellee.

Appellate Court of Illinois, Second District.

October 13, 2006.

Attorney(s) appearing for the Case

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephanie Hoit Lee, Algonquin, for the People.

Thomas A. Lilien, Deputy Defender (Court-appointed), Sherry R. Silvern (Court-appointed), Office of the State Appellate Defender, Elgin, for Constantine J. Stanitz.

Justice GILLERAN JOHNSON delivered the opinion of the court:

The defendant, Constantine J. Stanitz, was charged with attempted unlawful possession of a controlled substance (720 ILCS 5/8-4(a) (West 2004); 720 ILCS 570/406(b)(3) (West 2004)). The State appeals an order dismissing the charge with prejudice, based on a finding that the defendant was denied his statutory right to a speedy trial (see 725 ILCS 5/103-5(a) (West 2004)). The State argues that the trial court...

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