People v. Bell

Illinois Appellate Court
Criminal Court
Escape
Citation
Case Number: 
2020 IL App (4th) 170804
Decision Date: 
Thursday, February 13, 2020
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
KNECHT

Defendant, an inmate, was convicted, after jury trial, of attempted escape from a penal institution. Defendant was pro se during trial. Defendant was shackled throughout his trial without complaint, and nothing indicates the jury heard or observed the shackles. Defendant failed to clearly establish the shackling error (in court failing to hold Boose hearing to determine if shackling was necessary) interfered with his ability to represent himself, diminished his presumption of innocence, or undermined integrity of judicial process. State's comments in closing argument, suggesting that Defendant entered into agreement with witnesses, were improper and unnecessary, but were not so flagrant to deny Defendant a fair trial. Court lacked authority to impose a 2-year MSR (Mandatory Supervised Release) term, as only a 1-year MSR term was statutorily authorized. (TURNER and CAVANAGH, concurring.)