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PEOPLE v. CLARK

No. 5-85-0844.

148 Ill. App.3d 669 (1986)

499 N.E.2d 701

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LEROY S. CLARK, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed October 20, 1986.

Attorney(s) appearing for the Case

Charles Garnati, State's Attorney, of Marion (Kenneth R. Boyle, Stephen E. Norris, and Raymond F. Buckley, Jr., all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Randy E. Blue and Larry R. Wells, both of State Appellate Defender's Office, of Mt. Vernon, for appellee.

Reversed and remanded.

JUSTICE JONES delivered the opinion of the court:

On appeal from the trial court's order discharging the defendant under the 120-day rule (see Ill. Rev. Stat. 1985, ch. 38, par. 103-5), the State contends that such discharge was improper after the defense had requested and obtained a fitness examination under section 104-11(b) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 38, par. 104-11(b)), which indicated that...

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