People v. Westfall

Defendant was charged with 2 counts of criminal sexual assault of his estranged wife. Court granted defense counsel's motion for mental examination to determine Defendant's fitness to stand trial; and court did not conduct a fitness hearing once results of mental examination were communicated to the court. As court never found that a bona fide doubt existed as to Defendant's fitness to stand trial, court was not required to conduct a fitness hearing.Defense counsel provided effective assistance as to wife's mental health and her prescription drug use. Defense counsel examined wife outside presence of jury, and then persuaded court to modify its prior grant of State's motion in limine to allow cross-examination of wife as to how prescription drug use may have affected her ability to perceive events. (HARRIS and KNECHT, concurring.)