Defendant was found guilty of aggravated battery and was sentenced to 10 years in prison. During the trial, defendant represented himself and was removed two times from the courtroom for inappropriate behavior. On appeal, defendant argued that the trial court erred by failing to admonish him that if he were removed from the courtroom he would be unrepresented for those portions of the proceedings and that the trial court erred by failing to appoint standby counsel to represent defendant when he was not present. The appellate court affirmed under a plain error review, finding that the trial court repeatedly admonished defendant regarding the consequences of his continued misconduct and that appointment of standby counsel was not required under the facts of the case. (DeARMOND, concurring and DOHERTY, specially concurring)
Illinois Appellate Court
Criminal Court
Standby Counsel