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PEOPLE v. CLAYBORN

No. 80-1701.

90 Ill. App.3d 1047 (1980)

414 N.E.2d 157

THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. DARRELL CLAYBORN, a Minor, Respondent-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed November 26, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Craig Tobin, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Myra J. Brown, and Gloria G. Coco, Assistant State's Attorneys, of counsel), for the People.

Appeal dismissed.

Mr. JUSTICE SIMON delivered the opinion of the court:

The State took a juvenile into custody and charged him with being a delinquent, but failed to hold a hearing within 36 hours to justify his detention. Instead, it obtained a continuance to a more convenient date. The juvenile was entitled to release once the State failed to give him a prompt hearing within the 36 hours specified by statute. The statutory mandate is clear and should have...

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