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PEOPLE v. ECKMANN

No. 77-163.

60 Ill. App.3d 300 (1978)

376 N.E.2d 751

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant and Cross-Appellee, v. JAMES L. ECKMANN, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed May 22, 1978.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Malcolm F. Smith and Kevin F. Bowen, Assistant State's Attorneys, of counsel), for the People.

Edward T. Ward, of Fawell & Ward, of Wheaton, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

Defendant was convicted of armed robbery following a bench trial. The defendant's post-trial motion to set aside the judgment of conviction prior to sentencing was granted for failure to afford defendant a speedy trial pursuant to section 103-5(a) of the Criminal Code of Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 103-5(a)). The People appeal, contending that...

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