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PEOPLE v. WILKINS

No. 78-1404.

77 Ill. App.3d 179 (1979)

395 N.E.2d 1036

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANDRE WILKINS, a/k/a Esau A. Wilkins, Defendant-Appellant.

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

Opinion filed September 26, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Thomas M. Surdyk and Brian L. Heise, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Joan S. Cherry, and Paul D. Kerpan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

The sole issue on appeal is whether the State had a statutory duty to bring defendant to trial within 120 days since he was in custody, although in custody on an unrelated charge and under an alias. See Ill. Rev. Stat. 1975, ch. 38, par. 103-5(a).

Defendant was arrested on June 21, 1977, and was charged with possession of a stolen vehicle. On July 11, 1977, defendant appeared...

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