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PEOPLE v. HERBERT

No. 4-82-0808.

122 Ill. App.3d 43 (1984)

460 N.E.2d 86

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER P. HERBERT, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed February 6, 1984.

Attorney(s) appearing for the Case

R.C. Lanto, Jr., of Waaler, Evans, Gordon & Lanto, of Rantoul, for appellant.

Thomas J. Difanis, State's Attorney, of Urbana (Robert J. Biderman and Rebecca White, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

JUSTICE MILLER delivered the opinion of the court:

The defendant was tried by a jury, convicted of driving while under the influence of alcohol, and sentenced to one year's conditional discharge with seven days in the county jail. On appeal the defendant argues that the charge should have been dismissed because he was denied a speedy trial. We agree with the defendant and reverse his conviction and sentence.

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