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People v. Barrett

Case Date: 09/28/1999
Court: 4th District Appellate
Docket No: 4-99-0100

People v. Barrett, No. 4-99-0100

4th District, 28 September 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

ROBERT BARRETT,

Defendant-Appellant.

 Appeal from Circuit Court of Champaign County

No. 90T18769

Honorable Jeffrey B. Ford, Judge Presiding.

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 fault of the State. We affirm.

In this case, the facts are undisputed and no testimony was presented raising an issue of credibility. As a result, a question of law is presented that this court considers de novo.

Following a jury trial, defendant was found guilty of driving while his license was revoked. Ill. Rev. Stat. 1989, ch. 95