People v. Mosley

Defendant was convicted, after jury trial, of aggravated battery. There is nothing to indicate that State was attempting to evade its speedy trial obligations by surrendering Defendant to federal authorities. Delay in prosecuting Defendant is attributable to Defendant because, but for his parole violation and removal from state custody to federal custody, he could have been tried within 120 days. The 120 days did not begin to run until Defendant was returned from federal custody and arrested on charge of which he was ultimately convicted. (WELCH and MOORE, concurring.)