People v. Smith

Defendant was convicted, after jury trial, of aggravated criminal sexual abuse. Defendant was in custody of Peoria County after sentencing in Sangamon County, and thus Section 103-5(a) of speedy trial statute applies, giving State 120 days to bring Defendant to trial. The 120-day speedy trial clock began as soon as Defendant was in custody of Peoria County, and no formal demand for trial is necessary under that Section. Defendant did not agree to delay as he properly objected, and delay was not attributable to Defendant.  Speedy trial error is so serious that it affected fairness of trial and challenged integrity of judicial process. Judgment to be entered dismissing charges. (O'BRIEN and HOLDRIDGE, concurring.)