People v. George

Mr. PRESIDING JUSTICE GUILD

delivered the opinion of the court:

The charges for burglary herein were dismissed by the trial court because defendant was not brought to trial within 120 days as required by section 103 — 5(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1977, ch. 38, par. 103 — 5(a)). The State has appealed.

The State has raised two issues on appeal, arguing first that the 120-day limit had not, in fact, been reached because of delays occasioned by the defendant, and second that the 120-day rule should not apply because defendant’s original guilty plea and its…