People v. Beyah

After a jury verdict which found him guilty of burglary, defendant, Norman Beyah, was sentenced to a term of 4 to 12 years. Prior to trial, defendant had moved for discharge for not having been brought to trial within 120 days of his arrest and commitment on the charge (Ill. Rev. Stat. 1971, ch. 38, par. 103-5). The motion was denied, the appellate court affirmed the judgment of denial (42 Ill. App.3d 962), and this court granted leave to appeal. Defendant was arrested on July 25, 1972, and later indicted. On September 26, 1972, the defendant was arraigned before the acting presiding justice of the criminal court of Cook County. There a public defender was appointed to represent him. Upon a plea of not guilty, the case was assigned to a trial judge. Neither the report of proceedings nor the common law record reveals a trial date having been set. On the same day, defendant appeared before the trial judge and the court continued the case until the next day. On September 27 (the 64th day of commitment), defendant moved for a reduction in the amount of bail bond previously set. Upon conclusion of his testimony in support of the motion, the State began to introduce evidence of defendant's prior criminal record. The judge interrupted, and the following colloquy occurred.