Court entered order finding a bona fide doubt as to Defendant's fitness, and after hearing, court found Defendant unfit to stand trial. Defendant appealed that order. Three months later, circuit court found Defendant was restored to fitness, and a bench trial was held 3 weeks later. Defendant was convicted of 2 counts of harassment through electronic communication. Order of unfitness for not a final order for purposes of revesting the trial court with jurisdiction because the cause was pending in the appellate court and thus was not a final judgment of which all appellate review was exhausted. Despite Defendant's consent to, and participation in, his trial, the trial court did not have jurisdiction to proceed with the trial, and his convictions are void. (McLAREN and BRIDGES, concurring.)
Illinois Appellate Court
Criminal Court
Fitness