People v. Moore

Illinois Appellate Court
Criminal Court
Fitness
Citation
Case Number: 
No. 1-09-0662
Decision Date: 
Tuesday, March 29, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Remanded with directions.
Justice: 
HARRIS
(Court opinion corrected 3/25/11.) Defendant, after jury trial, was convicted of delivery of controlled substance. Defendant, who stated to court prior to start of trial that he had not taken his medicaiton on day of trial or two days prior to trial, raised a bona fide doubt as to his fitness to stand trial, as court psychiatrist gave uncontradicted testimony that Defendant needed to be on medications to be fit for trial. Court erred in not sua sponte ording a fitness hearing. (CUNNINGHAM, concurring; KARNEZIS, dissenting.)