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People v. Mcguire

OPINION FILED MAY 10, 1984.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

RICHARD MCGUIRE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Champaign County; the Hon. Harold L. Jensen, Judge, presiding.

PRESIDING JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Rehearing denied June 8, 1984.

Residential burglary and misdemeanor theft.

Bench trial.

Concurrent sentences of six years and 364 days.

He now appeals.

The sole issue: Did the court err in refusing to discharge him even though he was incarcerated for more than 120 days prior to his trial?

No.

We affirm.

Section 103-5(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1981, ch. 38, par. 103-5(a)) provides:

"Every person in custody in this State for an alleged offense shall be tried by the court having jurisdiction within 120 days from the date he was taken into custody unless delay is occasioned by the defendant * * *."

And section 103-5(d) then provides:

"Every person not tried in accordance with subsections (a) * * * of this Section shall be discharged from custody or released from the obligations of his bail or recognizance." Ill. Rev. Stat. 1981, ch. 38, par. 103-5(d).

McGuire was arrested on May 9, 1983, and tried on September 12, 1983, the intervening period being 126 days. He moved for discharge on September 8, 1983. The trial court denied the motion, holding that a continuance granted at the request of his newly ...


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