People v. Cunningham

The State appeals from an order discharging the defendant, Joseph E. Cunningham, on a complaint of aggravated battery, pursuant to his motion under the speedy-trial provision of the Illinois Code of Criminal Procedure. In issue is whether defense counsel’s silence when the date was set by the court beyond the applicable 160-day term amounts to an agreement and waiver of defendant’s right to a speedy trial.

The statute as applicable, in substance, provides that a defendant on bail shall be tried within 160 days from the date he demands trial unless the delay “is occasioned by the defendant”;…