People v. Voltaire

An indictment charged defendant, Carl Voltaire, with unlawful delivery of a controlled substance (720 ILCS 570/401(a) (2) (A) (West 2006)) and unlawful possession of a controlled substance (720 ILCS 570/402(a)(2) (A) (West 2006)). Sometime during the lengthy pretrial delays, the parties learned that the substance in question had been destroyed. Defendant moved to dismiss the charges, arguing that the destruction of the substance deprived him of due process. The trial court granted the motion. The State appeals, contending that under Illinois v. Fisher, 540 U.S. 544, 157 L. Ed. 2d 1060, 124 S.…