People v. Gibson

This is an appeal by the State from the dismissal of criminal charges defendant for violation of the fourth-term rule embodied in section 103— 5(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1969, ch. 38, par. 103 — 5(a) 1 ). It is contended that a competency examination ordered after a motion filed on behalf of the State requesting such an examination tolled the running of the 120-day rule.

Seven indictments charged defendant with the crimes of armed robbery, robbery, attempt robbery, theft, and bail jumping. On March 17, 1971, on defendant’s motion, it was ordered that he be…