People v. Johnson

Illinois Appellate Court
Criminal Court
Jury Trial
Citation
Case Number: 
2018 IL App (2d) 160674
Decision Date: 
Tuesday, August 28, 2018
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
SCHOSTOK

Defendant was convicted in absentia of being an armed habitual criminal and of unlawful possession of a weapon by a felon. State is not required to explicitly move for a trial in absentia before such a trial may commence; it is sufficient that that State stood silent when Defendant failed to appear and defense counsel moved for a continuance. State presented a prima facie case of willful absence when Defendant was admonished that he could be tried in absentia, and did not appear for trial. (ZENOFF and JORGENSEN, concurring.)