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PEOPLE v. MONTENEGRO

No. 2-89-0077.

560 N.E.2d 934 (1990)

203 Ill. App.3d 314

148 Ill.Dec. 337

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Nicolas MONTENEGRO, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied October 31, 1990.

Attorney(s) appearing for the Case

Gary V. Johnson, Kane County State's Atty., Geneva, William L. Browers, Deputy Director, and Colleen M. Griffin, State's Attys. Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, Paul J. Glaser, Office of State Appellate Defender, and Judith M. Brawka, Geneva, for Nicholas Montenegro.

Justice INGLIS delivered the opinion of the court:

Defendant, Nicolas Montenegro, was arrested on July 13, 1988, and indicted with three other men on July 19, 1988, for unlawful delivery of a controlled substance (cocaine) (Ill.Rev.Stat.1987, ch. 56½, par. 1401(a)(2)). He was discharged when the trial court determined that the 120-day period specified for his right to a speedy trial under section 103-5(a) of the Code of Criminal Procedure of 1963 (Code) (Ill...

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