People v. Hietschold

Defendant was convicted of aggravated battery in a public place and sentenced to 42 months in prison. On appeal, defendant argued that he should not have been tried in absentia where, at the time the court admonished him, he had not been arraigned and had not entered a not-guilty plea and/or the court’s admonishments did not advise him that a failure to appear at trial would constitute a waiver of his right to confront and cross-examine witnesses. The appellate court reversed and remanded, finding that defendant did not receive the proper admonishment under section 113-4(e) of the Code of Civil Procedure. (MULLEN, concurring and BIRKETT, dissenting)