2022 IL App (1st) 201209-U No. 1-20-1209 Order filed December 30, 2022 Sixth Division NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 18 CR 14682 ) DORIAN COTLEDGE, ) Honorable ) Angela M. Petrone, Defendant-Appellant. ) Judge, presiding. JUSTICE C.A. WALKER delivered the judgment of the court. Justices Oden Johnson and Tailor concurred in the judgment. ORDER ¶1 Held: The trial evidence was sufficient to establish the requisite mental state for defendant’s attempted first degree murder conviction where he repeatedly discharged a firearm at the victim, causing multiple injuries. The trial court substantially complied with the required admonishments regarding defendant’s right to counsel before permitting him to proceed pro se. Defendant’s right to a speedy trial was not violated where he occasioned the delay. The trial court properly denied defendant’s motion to dismiss the charges where the criminal prosecution against him was not based on a complaint, but rather on an indictment. No. 1-20-1209 ¶2 Following a bench trial, defendant was found guilty of attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2018)), aggravated battery with a firearm (720 ILCS 5/12- 3.05(e)(1) (West 2018)), and armed habitual criminal (720 ILCS 5/24-1.7(a) (West 2018)). The trial court merged the attempted first degree murder and aggravated battery with a firearm counts and sentenced defendant to concurrent prison terms of 75 years for attempted first degree murder and 30 years for armed habitual criminal. On appeal, defendant argues, via counsel, that the State failed to prove him guilty beyond a reasonable doubt of attempted first degree murder, as the evidence failed to show he had the specific intent to kill the complainant, Rhythm Bhagat, when he shot him. 1 He also argues the trial court failed to ensure that he knowingly and intelligently waived counsel. ¶3 After this case was fully briefed, this court granted defendant leave to file a supplemental pro se brief and a briefing schedule was entered. In his supplemental brief, defendant additionally argues that the trial court erred in (1) denying his motion to dismiss based on a violation of his right to a speedy trial; (2) granting the State an extension to the speedy trial term; and (3) failing to dismiss his charges because they were improperly based on a “defective” complaint. We affirm. ¶4 I. Background ¶5 A. Pretrial Proceedings ¶6 1. Pleadings and First Speedy Trial Demands by Counsel ¶7 Defendant was arrested on September 20, 2018. A complaint alleging attempted first degree murder was filed against defendant on September 19, 2018. The bottom of each page of the 1 The complaining witness’s name is spelled in several different ways throughout the record. We spell his name “Rhythm Bhagat,” as it was spelled on the complaint he …
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