People v. Brown

This case presents question as to whether trial court properly found defendant to be fit to stand trial, where evaluation report by expert indicating that defendant was fit to stand trial was filed with trial court, and where trial court merely entered order based on submission of said report and on parties’ stipulation as to contents of said report. Appellate Court, in reversing defendant’s armed robbery conviction, found that trial court erred in failing to affirmatively exercise its discretion in finding defendant fit to stand trial and in failing to indicate that it had actually reviewed contents of report or that it was basing its finding on contents of said report. Appellate Court also rejected State’s proposed remedy of remanding matter for retrospective fitness hearing instead of effectuating outright reversal of defendant‘s conviction. (Dissent filed.)