People v. Tate 

Illinois Appellate Court
Criminal Court
Motion for Substitution of Judge
Citation
Case Number: 
2016 IL App (1st) 140598
Decision Date: 
Thursday, September 14, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Petition for rehearing denied.
Justice: 
COBBS

(Supplemental opinion filed 10/18/17). Defendant was convicted, after bench trial, of aggravated robbery. The improper denial of a defendant's section 114-5(a) motion for substitution of judge requires reversal. Defendant failed to present trial court's denial of his motion for substitution of judge in a posttrial motion, but the issue was not forfeited.  A defendant's right to substitution of judge under Section 114-5(a) is automatic and absolute, and is of constitutional magnitude. (McBRIDE and ELLIS, concurring.)