The Second Appellate District affirmed a judgment as modified. In the published portion of its opinion, the court held that placing an incarcerated defendant under quarantine in order to prevent the spread of his infectious disease constituted good cause to delay his trial.
Jesse Tucker was charged in connection with theft of an auto that was left running while its owner made a pizza delivery. While in custody before trial, Tucker was under quarantine because another prisoner had contracted the H1N1 flu virus, although Tucker himself was not ill. Thus, when his case was called for trial, Tucker did not appear. Tucker’s counsel did not waive speedy trial. The trial court found good cause for his failure to appear.
