Defendant, proceeding pro se, was convicted, after jury trial , of aggravated battery and sentenced to 7 years. Defendant insisted on self-representation at times but vacillated between that and being represented by counsel, each time intending to thwart the trial or sentencing. As Defendant requested and received representation for sentencing, and later requested and was granted the right to represent himself, it was incumbent upon trial court to substantially comply with Rule 401, and to readmonish Defendant about proceeding pro se at sentencing. As court failed to do so, it cannot be determined whether Defendant provided a knowing and voluntary waiver of counsel. This omission requires remand for a new sentencing hearing. (HOLDER WHITE and STEIGMANN, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel