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PEOPLE v. VANDERBILT

No. 59883.

27 Ill. App.3d 168 (1975)

326 N.E.2d 418

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICKEY VANDERBILT, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

March 20, 1975.

Attorney(s) appearing for the Case

James Doherty, Public Defender, of Chicago (Aaron Spivack and James N. Gramenos, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and Michael E. Shabat, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE DEMPSEY delivered the opinion of the court:

Rickey Vanderbilt was indicted for rape and deviate sexual conduct. He waived a jury, was found guilty of both offenses and sentenced to the penitentiary for a term of 5 to 15 years. The issue on review is whether he was tried within 120 days of his arrest.

The pertinent statute provides that a person shall be tried within 120 days from the date he was taken into custody unless...

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