Appellate Court of Illinois October 20, 1986, 5-85-0844 (People v. Clark)

JUSTICE JONES

delivered the opinion of the court:

On appeal from the trial court’s order discharging the defendant under the 120-day rule (see Ill. Rev. Stat. 1985, ch. 38, par. 103 — 5), the State contends that such discharge was improper after the defense had requested and obtained a fitness examination under section 104 — 11(b) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat.