Defendant was convicted, after bench trial, of failing to complete registration as a sex offender, and giving false residential address during his incomplete registration. If trial court, on defense counsel's motion, appoints expert to do fitness exam, to see if a bona fide doubt as to Defendant's fitness might be raised, order appointing expert will not prevent a sentencing hearing from occurring.Failing to follow procedure in article 104 of Code of Criminal Procedure does not necessarily violate due process. As record contains no evidence that representation at issue in registration form was objectively false, conviction on count charging giving false address is reversed.(STEIGMANN, concurring; HOLDER WHITE, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Illinois Sex Offender Registration Act