People v. Overturf

Following a jury trial in Peoria County, the defendant, David Overturf, was convicted for the offense of armed robbery. The issue on appeal is whether the defendant was denied due process of law due to a delay of 43 months between the date of the offense and the date when the defendant was charged.

The robbery occurred on May 27, 1979. However, the defendant was not arrested and indicted until January 4, 1983. The intervening delay was caused when the defendant fled to Florida in July of 1979 after being asked by the Peoria police department to participate in a lineup. While in Florida, the…