Defendant, pro se at his jury trial and at his sentencing hearing, was convicted of murder with a firearm enhancement, and sentenced to 30 years with additional consecutive 60-year term for firearm enhancement. Court properly admonished Defendant before trial when he discharged his attorney and proceeded pro se. "Continuing waiver" rule did not apply. Defendant requested and received posttrial counsel, and court did not substantially comply with requirements of Rule 401(a) before accepting Defendant's waiver of his right to counsel for sentencing hearing. Defendant's focus on issues as to guilt, rather than relevant sentencing factors, at sentencing hearing indicates he was not equipped to represent himself then.(PIERCE and SIMON, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing