People v. Roby

On August 29, 1988, defendant, Dwayne Roby, was charged by information with the offense of aggravated battery for striking a correctional officer in the face with his fist while that correctional officer was in the execution of his duties. The incident occurred on June 26, 1988. At all times pertinent hereto, defendant was incarcerated at the Menard Correctional Center serving a 25- to 75-year sentence for murder.

On February 6, 1989, the aggravated battery charge was dismissed by the circuit court of Randolph County due to the State’s failure to provide defendant with a prompt preliminary…