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PEOPLE v. MOATS

No. 3-87-0199.

165 Ill. App.3d 413 (1988)

519 N.E.2d 52

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANIEL H. MOATS, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed January 26, 1988.

Attorney(s) appearing for the Case

Kenneth D. Brown, of State Appellate Defender's Office, of Ottawa, for appellant.

Raymond Kimbell II, State's Attorney, of Galesburg (Terry A. Mertel, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed and cause remanded.

JUSTICE STOUDER delivered the opinion of the court:

The trial court denied as untimely the defendant's motion to dismiss for failure to proceed to trial within 120 days. A jury subsequently convicted the defendant, Daniel H. Moats, of criminal damage to property and reckless conduct. (Ill. Rev. Stat. 1985, ch. 38, pars. 21-1(a), 12-5(a).) The defendant appeals only the court's denial of his motion to dismiss. Accordingly...

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