{
  "id": 2816760,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANCIL MARTIN, a/k/a \"Shorty\" Martin, Defendant-Appellant",
  "name_abbreviation": "People v. Martin",
  "decision_date": "1976-12-16",
  "docket_number": "No. 13558",
  "first_page": "207",
  "last_page": "208",
  "citations": [
    {
      "type": "official",
      "cite": "44 Ill. App. 3d 207"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "295 N.E.2d 250",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "10 Ill. App. 3d 933",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        5392079
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/10/0933-01"
      ]
    }
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  "last_updated": "2023-07-14T18:25:08.154218+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANCIL MARTIN, a/k/a \u201cShorty\u201d Martin, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE REARDON\ndelivered the opinion of the court:\nA Champaign County jury found the defendant, Ancil Martin, guilty of seven counts of theft of property valued in excess of *150 in violation of section 16\u20141(e)(2) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 16\u20141(e)(2)) and of one count charging a violation of the anti-theft provisions of section 4\u2014103 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95\u00bd, par. 4\u2014103). The defendant was sentenced to seven concurrent terms of imprisonment of 3 to 10 years on the theft charges and a term of 1 to 3 years for the Vehicle Code violation which was to be concurrent with the other sentences.\nThe defendant raises a single issue for review by this court: Whether the speedy trial provisions of section 103\u20145(e) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1973, ch. 38, par. 103\u20145(e)) were violated. Defendant\u2019s trial was commenced within 160 days of sentencing on another conviction, although not within 160 days of the jury\u2019s verdict in the prior proceeding.\nThe facts in this case are not disputed. On December 10, 1974, the defendant was in police custody in Champaign County charged with a bail bond violation and the offenses described above. Defendant was convicted of the bail bond violation on December 10, 1974, but was not sentenced until February 28, 1975. More than 160 days had elapsed between December 10, 1974, and June 4, 1975, the date defendant\u2019s motion to dismiss for want of prosecution was filed, although 160 days had not elapsed between February 28,1975, and the date the motion was filed, June 4, 1975, or the date the second trial began, June 14, 1975.\nSection 102 \u2014 14 of the Code defines \u201cjudgment\u201d as follows:\n\u2018Judgment\u2019 means an adjudication by the court that the defendant is guilty or not guilty and if the adjudication is that the defendant is guilty it includes the sentence pronounced by the court.\u201d Ill. Rev. Stat. 1973, ch. 38, par. 102\u201414.\nIn People v. Ike (1973), 10 Ill. App. 3d 933, 295 N.E.2d 250, Mr. Justice Crebs held on the authority of sections 102\u201414 and 103\u20145(e) that the 160-day period runs from the date of sentencing on the first charge. On the authority of Ike, we affirm the defendant\u2019s conviction in the instant appeal.\nAffirmed.\nTRAPP, P. J., and CRAVEN, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE REARDON"
      }
    ],
    "attorneys": [
      "Richard J. Wilson and John L. Swartz, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "James R. Burgess, Jr., State\u2019s Attorney, of Urbana (G. Michael Prall, of Illinois State\u2019s Attorneys Association, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANCIL MARTIN, a/k/a \u201cShorty\u201d Martin, Defendant-Appellant.\nFourth District\nNo. 13558\nOpinion filed December 16, 1976.\nRichard J. Wilson and John L. Swartz, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nJames R. Burgess, Jr., State\u2019s Attorney, of Urbana (G. Michael Prall, of Illinois State\u2019s Attorneys Association, of counsel), for the People."
  },
  "file_name": "0207-01",
  "first_page_order": 237,
  "last_page_order": 238
}