People v. Gooding

Defendant was indicted for and in a jury trial convicted of rape. Judgment was entered on the verdict and defendant was sentenced to an indeterminate term of 6 to 20 years. Defendant appeals.

Defendant urges six issues for review. One of these issues is dispositive and therefore we will not address the remaining issues. Defendant submits that he was entitled to be discharged for he was not tried within 120 days from the date he was incarcerated on the charge of rape. We agree.

On September 27, 1972, a warrant was issued for defendant’s arrest charging him with the rape of Elaine Young, which…