People v. Montes

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2013 IL App (2d) 111132
Decision Date: 
Friday, June 28, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted in absentia of attempted first-degree murder and aggravated discharge of a firearm. Court's admonishment that a failure to appear at any hearing could result in hearing proceeding in his absence was sufficient admonishment that his failure to appear at any scheduled court hearing, including trial, could result in waiver of his rights. Court properly allowed jury to consider audio recording of exchange with informant, as witnesses' testimony, including that witness turned on the recording device given him by FBI, was sufficient foundation. Court properly permitted jury to use transcript of recording as a guide, as witness identified the speakers on recording. (HUTCHINSON and SCHOSTOK, concurring.