People v. Anderson

After a trial before a judge of the circuit court of Cook County, the defendant, Creola Anderson, was found guilty on March 1, 1971, of the offense of theft of over $150. When she was initially charged with the offense, on February 26, 1968, section 103-5(b) of the Code of Criminal Procedure provided: Every person on bail or recognizance shall be tried by the court having jurisdiction within 120 days from the date defendant demands trial unless delay is occasioned by the defendant * * *. By an amendment which became effective August 28, 1969, the statutory period of 120 days was increased to 160 days. (See Ill. Rev. Stat. 1967, 1969, ch. 38, par. 103-5(b).) And because the latter period was applied by the trial judge in denying the defendant's motion for discharge under the statute, she contends that the Federal and State constitutional prohibitions against ex post facto laws and her Federal and State constitutional rights to a speedy trial were violated. On February 26, 1968, a complaint was filed which charged the defendant with the theft of $7,600 from her employer, Star Foods, Inc., on February 2, 1968. Delays attributable to both the State and the defense postponed the preliminary hearing on this complaint to September 19, 1968, on which date the court heard evidence and continued the hearing until October 9. On that date the court again continued the matter on the State's motion until November 1, 1968. On October 30, 1968, however, the grand jury returned an indictment against the defendant which charged her with the theft of over $150 from Star Foods, Inc.