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PEOPLE v. MEEK

No. 16343.

92 Ill. App.3d 1129 (1981)

416 N.E.2d 1120

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. SAMUEL MEEK, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed January 29, 1981.

Attorney(s) appearing for the Case

Thomas J. Fahey, State's Attorney, of Danville (Gary J. Anderson and David E. Mannchen, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Daniel D. Yuhas and James G. Woodward, both of State Appellate Defender's Office, of Springfield, for appellee.

Appeal dismissed.

Mr. JUSTICE MILLS delivered the opinion of the court:

Can the State move to dismiss a criminal charge with prejudice, see the motion allowed, and then appeal from the dismissal?

Of course not.

Appeal dismissed.

In essence, this is what happened:

Meek was charged with two counts, one of burglary and one of theft over $150. On April 14, 1980, the prosecutor's request for a continuance due to the unavailability...

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