(Modified upon denial of rehearing 2/2/16.) State, in 1998, charged Defendant with 2 counts of unlawful use of a weapon by a felon (UUWF) and 2 counts of simple unlawful use of a weapon (UUW). In 1999, while weapons charges still pending, State charged Defendant with first-degree murder, attempted first-degree murder, and aggravated battery after Defendant brought a gun to a fist fight. After a retrospective fitness hearing, court found that Defendant was fit in 2001 to be tried and sentenced for first-degree murder and to plead guilty to UUWF. Court's dismissal of Defendant's postconviction petition, after third-stage evidentiary hearing, was not manifestly erroneous. State offered credible evidence in form of defense counsels' testimony and a psychiatrist's report finding Defendant fit to stand trial in murder case and that he made his plea in felony weapons case knowingly and intelligently.(MASON and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Fitness