In prosecution on charges of solicitation of murder for hire and solicitation of murder, trial court erred in denying defendant’s pro se motion for substitution of judge under section 114-5(a) of Code of Criminal Procedure, since defendant met all requirements for said motion, where motion was filed within 10 days of case being assigned to trial judge at issue in motion, and where defendant alleged that said trial judge was prejudiced against him. Fact that defendant was represented by public defender at time he filed said motion did not require different result, since: (1) right to substitute judge belonged to defendant, and not his defense counsel; and (2) section 114-5(a) contains no provision for hearing on motion and requires that trial court transfer case to another judge upon receipt of proper motion. Appellate Court further rejected trial court’s reasoning that motion for substitution was part of defendant's serious and obstructionist misconduct. As such, defendant’s conviction on both charges were vacated and remanded for new trial.
Illinois Appellate Court
Criminal Court
Substitution of Judge