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PEOPLE v. GEORGE

No. 78-173.

71 Ill. App.3d 932 (1979)

390 N.E.2d 586

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHN E. GEORGE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed May 22, 1979.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (John T. Elsner, Assistant State's Attorney, of counsel), for the People.

Mary Robinson and David S. Morris, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

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

The charges for burglary herein were dismissed by the trial court because defendant was not brought to trial within 120 days as required by section 103-5(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1977, ch. 38, par. 103-5(a)). The State has appealed.

The State has raised two issues on appeal, arguing first that the 120-day limit had not, in fact...

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