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PEOPLE v. MONTAIGNE

No. 79-333.

86 Ill. App.3d 220 (1980)

407 N.E.2d 1107

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BILLY JOE MONTAIGNE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed July 14, 1980.

Attorney(s) appearing for the Case

Gene Armentrout, State's Attorney, of Geneva (Phyllis J. Perko and Jan Tuckerman, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Mary Robinson, of State Appellate Defender's Office, of Elgin, for appellee.

Judgment reversed.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

The State appeals an order of the circuit court of the Sixteenth Judicial Circuit, Kane County, vacating a bond forfeiture judgment previously entered against defendant, Billy Joe Montaigne. The State asserts that the circuit court lacked authority to vacate the judgment 116 days after its entry. Defendant replies that the law makes no provision for the State to appeal the vacation...

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