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PEOPLE v. TOTZKE

No. 2-11-0823.

974 N.E.2d 408 (2012)

362 Ill. Dec. 887

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Gretchen TOTZKE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 3, 2012.

Attorney(s) appearing for the Case

Henry S. Dixon , State's Attorney, Dixon ( Lawrence M. Bauer , Deputy Director, Jay Paul Hoffman , State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Gretchen Totzke, Ashton, appellee pro se.

OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

¶ 1 The State appeals the trial court's dismissal of an indictment against the defendant, Gretchen Totzke, on constitutional speedy-trial grounds. The State contends that the defendant's due process and speedy-trial rights were not violated when it dismissed charges by nolle prosequi and then waited 285 days to recharge her. We determine that the trial court incorrectly...

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