People v. Montaigne

The State appeals an order of the circuit court of the Sixteenth Judicial Circuit, Kane County, vacating a bond forfeiture judgment previously entered against defendant, Billy Joe Montaigne. The State asserts that the circuit court lacked authority to vacate the judgment 116 days after its entry. Defendant replies that the law makes no provision for the State to appeal the vacation of a bond forfeiture.

On October 25, 1978, an information was filed charging defendant with criminal damage to property over $150. (Ill. Rev. Stat. 1977, ch. 38, par. 21 — 1(a).) Bail was set at $3,500, and…