People v. Izquierdo-Flores

After admitting that he killed his aunt, defendant, Carlos Izquierdo-Flores, was charged by indictment with second-degree murder (720 ILCS 5/9 — 2(a)(1), (a)(2) (West 2000)). More than 120 days after defendant filed a speedy trial demand on the original charges, the State filed a second indictment charging first-degree murder (720 ILCS 5/9 — 1(a)(1), (a)(2) (West 2000)) and sought leave to nol-pros the second-degree murder charges. The trial court granted defendant’s motion to dismiss the second indictment. The State appeals, and we reverse and remand.

On September 7, 2000, the State charged…