People v. Murray

Case Date: 07/08/1999
Court: 4th District Appellate
Docket No: 4-97-0767

People v. Murray, No. 4-97-0767

4th District, 8 July 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellant,

v.

RICHARD A. MURRAY,

Defendant-Appellee.

Appeal from Circuit Court of Vermilion County

No. 97CM131

Honorable Gordon R. Stipp, Judge Presiding.

JUSTICE COOK delivered the opinion of the court:

Defendant was charged with obstructing a peace officer, a Class A misdemeanor. 720 ILCS 5/31-1 (West 1996). The case was set for jury trial on August 28, 1997, one of 30 cases on the jury calendar that day. At the initial call of the cases, about 8:30 a.m., both the State and the defendant announced ready for trial. After the court had narrowed the cases down to two, the case was called again, at which time the State moved for a continuance, due to the absence of witnesses. The motion for continuance was denied, and the proceedings recessed in order to give the State the time to call in witnesses. About 10:45 a.m., the State indicated it had no witnesses available, and the court granted defendant's motion to dismiss the case and discharged the jury. The court indicated it was uncertain when the case could have been continued to and stated the case was dismissed for want of prosecution.

The State appeals the denial of its motion for continuance and the dismissal of the case for want of prosecution.

Defendant first argues the State cannot appeal these orders. 145 Ill. 2d R. 604. The State may appeal "from an order or judgment the substantive effect of which results in dismissing a charge for any of the grounds enumerated in section 114-1 of the Code of Criminal Procedure of 1963 [(Code) (see 725 ILCS 5/114-1 (West 1996))]." 145 Ill. 2d R. 604. After a "trial on the merits," however, "there shall be no appeal from a judgment of acquittal." Ill. Const. 1970, art. VI,