People v. Gillon

Defendant pled guilty to felony aggravated assault, and was sentenced to 30 months probation. State filed petition to revoke Defendant's probation, alleging that he committed 2 criminal offenses while on probation. Defendant's counsel raised bona fide doubt as to Defendant's fitness. Court erred in finding Defendant restored to fitness based on truncated restoration hearing, and when court failed to sua sponte reopen issue of fitness based on Defendant's behavior at subsequent proceedings. Court should have questioned DHS' finding at time of parties' stipulation to DHS' finding of fitness, or, after accepting stipulations, reopened issue of fitness based on his behavior in open court. (KNECHT and STEIGMANN, concurring.)