People v. Pena

(Court opinion corrected 11/4/14.) Defendant was convicted, after bench trial, of aggravated battery of a peace officer, and sentenced to 6 years as Class X offender based on his criminal history. Officer testified that he and a group of correctional officers had escorted Defendant to jail holding cell, and Defendant, who was bleeding from mouth, rose from bench and spit blood on officer from about 7 feet away, with blood landing on officer's arm, and Defendant then threatened to kill officer. This was sufficient evidence for court to find that Defendant intentionally spit on officer, and thus convict him of aggravated battery of peace officer. Defendant never made clear and unequivocal waiver of counsel, and never definitively invoked his right of self-representation. Thus, court did not deny his right to self-representaion. (PUCINSKI and MASON, concurring.)