People v. Mutesha

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (2d) 110059
Decision Date: 
November 19, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
BIRKETT
Holding: 
Vacated; appeal dismissed.
Because Defendant's appeal of a prior unfitness determination was still pending, trial court lacked jurisdiction to rule on posttrial motions and sentence Defendant, and thus its orders on those matters are void. Because a new fitness finding is based on new facts, it is independent of, and collateral to, the finding of unfitness that is on appeal, but the determination of guilt, as a central issue in a criminal matter, is not collateral to appeal of finding of unfitness. (McLAREN and HUTCHINSON, concurring.)