People v. Kazenko
972 N.E.2d 815
Ill. App. Ct.2012Background
- Defendant Aaron S. Kazenko was charged with DUI(a)(5) by uniform traffic ticket on Dec 19, 2010; he demanded speedy trial on Dec 20, 2010 and the period was tolled by continuances and agreement, with a trial date of Jun 3, 2011; on Jun 2, 2011 the State sought leave to amend to add DUI(a)(2) and the court allowed over defense objection; the trial court granted the DUI(a)(2) dismissal on speedy-trial grounds; the State appealed to challenge that ruling; the appellate court concluded compulsory-joinder did not apply and the speedy-trial period did not toll the second charge, reversing and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether compulsory-joinder applies to the two DUI charges. | State contends compulsory-joinder does not apply due to uniform citation. | Defendant contends either the rule applies or delays were attributable to defendant; the rule should toll the second charge. | Compulsory-joinder does not apply; no tolling for the second charge. |
| Whether uniform citation defeats the applicability of compulsory joinder. | State argues uniform citation bars applicability of compulsory joinder. | Defendant argues forfeiture and that the rule may apply if appropriate. | Uniform citation excludes compulsory-joinder in this context. |
| If no joinder, whether speedy-trial time on the original charge tolls the second charge. | Delays on initial DUI(a)(5) could toll the overall period if joinder applied. | Delays attributable to the defendant on initial charge should not toll the second charge when not joined. | No tolling of the second charge’s speedy-trial period. |
| What is the proper standard of review for the trial court’s dismissal ruling? | De novo review where facts are undisputed and the question is one of law. |
Key Cases Cited
- People v. Jackson, 118 Ill. 2d 179 (1987) (uniform citation does not trigger compulsory-joinder for certain offenses)
- People v. Quigley, 183 Ill. 2d 1 (1998) (compulsory-joinder applies to charges known at start of prosecution)
- People v. Phipps, 238 Ill. 2d 54 (2010) (Williams rule applied when same facts; delays before subsequent charge not attributed to defendant)
- People v. Williams, 94 Ill. 2d 241 (1981) (continuances not attributable to defendant in certain timelines)
- People v. Hall, 194 Ill. 2d 305 (2000) (speedy-trial tolling when delay is defendant-caused)