People v. Gathing

Illinois Appellate Court
Criminal Court
Pre-Trial Fairness Act
Citation
Case Number: 
2023 IL App (3d) 230491
Decision Date: 
Thursday, December 28, 2023
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Vacated and remanded.
Justice: 
DAVENPORT

Defendant appealed from a trial court order granting the State’s petition to revoke pretrial release, arguing among other things that the trial court violated his statutory right to an in-person hearing. The appellate court vacated the trial court’s order and remanded for a new hearing, finding that defendant had a right under section 110-6 of the Code of Criminal Procedure to be physically present for the hearing on the State’s petition and that the trial court did not find any of the exceptions to that requirement were applicable under the facts of this case. (BRENNAN and PETERSON, concurring)