People v. Perez-Gonzalez

Respondent was convicted of direct criminal contempt of court for refusal to answer questions at pretrial hearing, contrary to his own plea agreement, in another person's first-degree murder trial. Substitution of judge as of right pursuant to Section 114-5(a) is available in a criminal contempt proceeding. A sentence of life imprisonment would be disproportionate to nature of offense, and a sentence of death for contempt is not permissible. Thus, Defendant was not entitled to name two judges who he believed were prejudiced in his motion for substitution of judge. Sentence of 10 years was not excess, as Respondent's refusal to testify was willful and deliberate and hindered prosecution of Defendant in murder case. (BURKE and BIRKETT, concurring.)