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PEOPLE v. ZELENY

No. 2-07-1246.

920 N.E.2d 1129 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sean P. ZELENY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 14, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Mark G. Levine, Office of State Appellate Defender, Elgin, IL, for Appellant.

John A. Barsanti, Kane County State's Attorney, St. Charles, IL, Robert J. Biderman, State's Attorneys Appellate Prosecutor, Anastacia R. Brooks, State's Attorneys Appellate Prosecutor, Springfield, IL, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Sean P. Zeleny appeals his convictions of three counts of home invasion (720 ILCS 5/12-11(a)(2) (West 2004)). He contends that he was not brought to trial within 160 days as required by section 103-5(b) of the Code of Criminal Procedure of 1963 (speedy-trial statute) (725 ILCS 5/103-5(b) (West 2004)). Although the trial court wrongly determined that Zeleny agreed to an initial trial date that delayed trial beyond...

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