People v. Herndon

PRESIDING JUSTICE KARNS

delivered the opinion of the court:

The State of Illinois appeals from an order of the circuit court of St. Clair County granting the motion of defendant, Shirley Herndon, dismissing the indictment and entering judgment of dismissal as provided by section 114 — 1(a)(2) of the Code of Criminal Procedure (Ill. Rev. Stat. 1979, ch. 38, par. 114 — 1(a)(2)). The sole issue raised on appeal is whether the felony prosecution against defendant was barred by the statute of limitations (Ill. Rev. Stat. 1979, ch. 38, par. 3 — 5(b)).

In a complaint filed on April 25, 1980, it was…