People v. Edwards

I respectfully dissent. Supreme Court Rule 604(a)(1) sets out the basic provision governing when the State may appeal dispositions of the trial court:

“In criminal cases the State may appeal only from an order or judgment the substantive effect of which results in dismissing a charge for any of the grounds enumerated in section 114 — 1 of the Code of Criminal Procedure * * (Ill. Rev. Stat. 1979, ch. 110A, par. 604(a)(1).)

Our supreme court, in People v. Love (1968), 39 Ill. 2d 436, 235 N.E.2d 819, made clear that the grounds for dismissal enumerated in section 114 — 1 are not all-inclusive and…