People v. Clark

On appeal from the trial court’s order discharging the defendant under the 120-day rule (see Ill. Rev. Stat. 1985, ch. 38, par. 103 — 5), the State contends that such discharge was improper after the defense had requested and obtained a fitness examination under section 104 — 11(b) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 38, par. 104 — 11(b)), which indicated that the defendant was unfit to stand trial. The trial court, finding that no bona fide doubt of the defendant’s fitness had been raised, rejected the State’s argument that a fitness hearing, which would…