People v. Costa

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2013 IL App (1st) 090833
Decision Date: 
Friday, September 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
PALMER
Defendant was convicted, after jury trial, of bail jumping. Defendant's failure to surrender within statutory 30 days cannot be deemed willful, as he was in custody in another state during last 3 days of surrender period. State has burden to prove each element of offense beyond a reasonable doubt, including willful failure to surrender, and could not due to Defendant's incarceration during final day of 30-day surrender period. (McBRIDE and TAYLOR, concurring.)