Legal Opinion · Dissent

People v. Berg

Appellate Court of Illinois

Decided April 27, 1989No. 3—88—0265Published

1DissentJustice Heiple

In the present action, the defendant’s case was set for trial on January 28, 1988, at which time the State moved for a continuance due to the unavailability of the arresting officer. The motion to continue was granted over the defendant’s objection, and the defendant was eventually tried and convicted of driving while license revoked. The majority finds that the trial judge improperly granted the State a continuance and reverses the conviction. I find that Supreme Court Rule 504 provides the trial court with the discretion to grant continuances in such situations. Furthermore, since the…

2Cases cited3 opinions

  1. The PEOPLE v. SmithIllinois Supreme Court · 1969
  2. People v. HamiltonAppellate Court of Illinois · 1978
  3. People v. McCoyAppellate Court of Illinois · 1987

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