People v. Lezine

During the pendency of proceedings relating to defendant’s post-conviction petition, the trial court determined that the defendant was “unfit to communicate” with appointed counsel and ordered that the Department of Corrections provide fitness restoration treatment. The Department appealed, arguing that the trial court lacked statutory authority to impose the requirement. The appellate court affirmed and remanded, finding that once a trial court has found a post-conviction petitioner unfit, it is authorized to order the petitioner with fitness-restoration treatment. (JORGENSEN and SCHOSTOK, concurring)