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eBook details

• Title: People v. Gooding
• Author : Supreme Court of Illinois
• Release Date : January 26, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The defendant, Chester Paul Gooding, was convicted of rape after a jury trial in Morgan County. He was sentenced to serve from 8 to 20 years in the penitentiary. The appellate court reversed the conviction on the ground that the defendant had been denied his right to be tried within 120 days from the date he was taken into custody. (21 Ill. App.3d 1064.) We granted leave to appeal. The defendant was arrested and the public defender appointed on September 28, 1972. The court set the preliminary hearing for October 18. On that date the defendant's counsel informed the court that there was some question as to the complainant's ability to identify the defendant and requested a continuance of the preliminary hearing until it could be determined if the complaining witness could identify the defendant in a lineup. The State's Attorney agreed that the preliminary hearing be continued until October 25. On that date the defendant again moved for a continuance of the preliminary hearing for a purpose not disclosed by the record. The continuance was granted, and the preliminary hearing was held on November 3. The defendant remained in jail from the time of his arrest until January 22, 1973, at which time the sheriff released him from the county jail without the defendant posting the required bond. We need not consider the propriety of this release. The State submits that for the purpose of this appeal, it may be assumed that the defendant was in custody during the entire period from September 27, 1972, to February 16, 1973. On February 13, 1973, the defendant was indicted for rape and the arraignment was set for February 16, 1973. On February 16 the defendant moved for and was granted a continuance of the arraignment until February 20. On April 20, 1973, the defendant filed a motion for discharge for failure by the State to bring him to trial within 120 days from the date he was taken into custody (September 28, 1972). The motion was denied, and on April 24, 1973, the defendant was brought to trial.

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