People v. Puyear

Mr. PRESIDING JUSTICE GREEN

delivered the opinion of the court:

Defendant James Martin Puyear was charged by indictment in the Circuit Court of McLean County with armed robbery. He was incarcerated pending trial. Upon his motion for discharge under the 120-day provision of section 103 — 5 of the Code of Criminal Procedure (Ill. Rev. Stat. 1975, ch. 38, par. 103 — 5), the court ordered that he be discharged. The State appeals contending that defendant occasioned delay tolling the 120-day period by moving to suppress evidence and by waiving jury trial.

Defendant’s motion for discharge was filed on…