People v. Sedlacek

Court properly entered summary judgment for Defendant on issue of his fitness to stand trial, and granting his request that the State limit the scope of its proposed evaluation of his mental status to the issue of his sanity at time of alleged offenses. Article 104 of Code of Criminal Procedure does not provide for a fitness examination by expert chosen by the State. Once it is determined that it is unlikely that an unfit defendant will attain fitness within one year after initial finding of unfitness, cause must proceed to discharge hearing, where the defendant is entitled to assert the defense of insanity and the State can challenge that defense. (WELCH and GOLDENHERSH, concurring.)