People v. Hamilton

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The State appeals from a judgment dismissing an information charging defendant with aggravated incest for failure to afford defendant a trial within 160 days from his alleged demand for trial. (Ill. Rev. Stat. 1977, ch. 38, par. 103 — 5(b).) The defendant has not appeared in this court but we review pursuant to the direction of First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976). We reverse and remand with directions to vacate the order of dismissal and to proceed on the merits.

The defendant…