PEOPLE v. BARRETT

No. 4-99-0100.

718 N.E.2d 341 (1999)

307 Ill. App.3d 812

240 Ill.Dec. 860

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert BARRETT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 28, 1999.


Attorney(s) appearing for the Case

Robert J. Waaler, Waaler Law Offices, P.C., Champaign, for Robert Barrett.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Jeffrey K. Davison, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.


Justice McCULLOUGH delivered the opinion of the court:

Defendant Robert Barrett appeals from an order of the circuit court of Champaign County denying a motion to dismiss the cause on the basis of a seven-year delay between the issuance of the mandate of this court on direct appeal and it being "spread of record" in the circuit court. Defendant argues (1) the circuit court lost jurisdiction in the intervening seven-year period and (2) the unreasonable delay is the...

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