People v. Zelenak 

Illinois Appellate Court
Criminal Court
Fitness
Citation
Case Number: 
2014 IL App (3d) 120639
Decision Date: 
Thursday, October 9, 2014
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE
(Modified upon denial of rehearing 3/5/15.) Defendant pled guilty to aggravated kidnapping and aggravated criminal sexual assault and was sentenced to 36 years. Court erred in conducting a hearing on Defendant's motion to withdraw his guilty plea without first, sua sponte,ordering a fitness hearing, because reports of Defendant's DOC mental health treatment and unfitness determinations raised a bona fide doubt of Defendant's fitness.(O'BRIEN, concurring; SCHMIDT, dissenting.)