People v. Garcia

Defendant was convicted, after jury trial, of predatory criminal sexual assault of 5-year-old daughter of his live-in girlfriend. Fact that court ordered a fitness hearing pursuant to Section 104-10(b) of Code of Criminal Procedure, in response to defense counsel's statement that he had bona fide doubt as to Defendant's fitness does not mean that court also had bona fide doubt of Defendant's fitness. Thus, no error in court not ordering a fitness hearing and not making independent judicial determination of fitness. No error in admitting testimony of State's medical expert that child's normal examination findings (lack of physical trauma) was consistent with sexual abuse, as expert explained basis for her opinions and defense had opportunity to cross-examine expert. (HALL and GARCIA, concurring.)