People v. Cabrera

PRESIDING JUSTICE WOMBACHER

delivered the opinion of the court:

A jury convicted the defendant, Juan Cabrera, of aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 4). The trial court sentenced him to four years in prison. The defendant appeals, arguing that he was denied his right to a speedy trial.

The record shows that the defendant was incarcerated throughout the pretrial period. Accordingly, he was entitled to be tried within 120 days (Ill. Rev. Stat. 1987, ch. 38, par. 103 — 5(a)). The State and the defendant agree that 95 days of the delay before the defendant’s trial were…