Defendant was convicted of aggravated criminal sexual assault. A Spanish interpreter assisted him during presentation of evidence, but record does not show an interpreter was present when court announced its finding of guilt and advised Defendant that he could be sentenced in absentia if he failed to appear at sentencing. Defendant was sentenced in absentia to 30 years. Defendant's postconviction petition stated the gist of the constitutional claim that he was denied his constitutional right to be present at trial. Court erred in summarily dismissing his petition. Court's pronouncement of guilty was arguably a critical stage of trial, and his petition shows that he was arguably absent from that proceeding, notwithstanding his physical presence in the courtroom.By being absent for pronouncement of guilt, Defendant would also have been absent when court set the next court date and statutorily admonished him about being sentenced in absentia. (PUCINSKI and COGHLAN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions