People v. McGuire

PRESIDING JUSTICE MILLS

delivered the opinion of the court:

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…