Illinois Appellate Court
Criminal Court
Fitness
Defendant was charged with various criminal offenses, and court entered order finding Defendant unfit to stand trial. Court erred in disregarding Defendant's verbal request for jury determination of fitness. Defendant was entitled to personally demand jury determination of fitness, per Section 104-12 of Illinois Code of Criminal Procedure. It is reasonable to allow Defendant to personally demand jury determination of fitness yet also to allow Defendant's attorney to take contrary position on fitness. (McLAREN and BIRKETT, concurring.)