People v. Rogers
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On November 25, 2015, a police officer, investigating an accident, found Rogers in physical control of the vehicle and suspected him to be under the influence. The officer charged Rogers under 625 ILCS 5/11-501(a)(4). At a hospital, Rogers underwent a blood test, which revealed the presence of THC. The officer filed the uniform citation on December 1, 2015. On December 14, Rogers’s counsel filed a speedy trial demand. On April 6, 2016, Rogers was charged by superseding information with two counts of misdemeanor DUI. The parties continued the trial to May 20. The circuit court granted the state two continuances after Rogers initially objected but then agreed to the continuance. On September 20, the court granted the state a continuance over Rogers’s objection. On October 28, 2016, the state filed a superseding three-count information. On December 1, the trial was continued by agreement. The trial occurred on January 17, 2018. Rogers, convicted on one count, was sentenced to 12 months of court supervision.
The appellate court reversed, reasoning that, because of the similarity of the offenses and the officer having sufficient knowledge to ticket both offenses at the time of the first citation, compulsory joinder applied and the clock for speedy-trial purposes began to run on December 14, 2015. The Illinois Supreme Court reversed. Counsel’s performance could not have been deficient for failing to make an objection where binding precedent would have made such an objection meritless; any motion to dismiss on speedy-trial grounds premised on the compulsory-joinder rule would have been otherwise futile.
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