People v. Williams

The State appeals from a judgment of the circuit court of St. Clair County dismissing a robbery charge against Paul Williams, defendant, due to the State’s failure to bring defendant to trial within the 120 days allotted by section 103 — 5 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1983, ch. 38, par. 103 — 5). For the reasons which follow, we affirm the judgment of the circuit court.

In order to obtain a discharge for the State’s failure to try him within 120 days, defendant must show he was incarcerated, gave no bail, was not tried within 120 days, and was not accountable for…