People v. Cobian 

Illinois Appellate Court
Criminal Court
Motions for New Trial
Citation
Case Number: 
2012 IL App (1st) 980535
Decision Date: 
Monday, August 27, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
HOFFMAN
Defendant was convicted, after jury trial in absentia, of first-degree murder. Court failed to hold statuorily-required hearing on Defendant's request for new trial. Court's admonishments that "we can go ahead without you", though without using the word "trial", and that he could be tried in absentia for exactly the same criminal conduct, though not specifically tied to underlying indictment, were sufficient to validate Defendant's waiver and legitimize trial in absentia. (HALL and ROCHFORD, concurring.)