[Download] "People v. Montaigne" by Illinois Appellate Court — Second District Judgment Reversed # eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Montaigne
• Author : Illinois Appellate Court — Second District Judgment Reversed
• Release Date : January 14, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The State appeals an order of the circuit court of the Sixteenth Judicial Circuit, Kane County, vacating a bond forfeiture judgment previously entered against defendant, Billy Joe Montaigne. The State asserts that the circuit court lacked authority to vacate the judgment 116 days after its entry. Defendant replies that the law makes no provision for the State to appeal the vacation of a bond forfeiture. On October 25, 1978, an information was filed charging defendant with criminal damage to property over $150. (Ill. Rev. Stat. 1977, ch. 38, par. 21-1(a).) Bail was set at $3,500, and defendant was released on personal recognizance. At a subsequent hearing the public defender was appointed and the preliminary hearing was continued to November 22, 1978. Defendant did not appear at that hearing and on November 28, 1978, an order of forfeiture was entered pursuant to sections 110-7 and 110-8 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1977, ch. 38, pars. 110-7, 110-8). Notice of that order was mailed to defendant the following day. On January 4, 1979, the State, representing that defendant had failed to appear as required within 30 days of the order of forfeiture, applied for a judgment forfeiting the bond, and the circuit court entered judgment as prayed for.

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