Defendant was convicted, after stipulated bench trial, of 2 counts of fleeing or attempting to elude a peace officer. Defendant's presence at viewing of officer's dash camera video footage would not have contributed to his opportunity to defend himself against the charges where he had no objection to court viewing the videos outside of his presence, he saw the videos himself, witnesses in videos testified in open court where Defendant had opportunity to confront and cross-examine them, and Defendant was aware of all State's evidence when he decided to testify in his own defense. Thus, his right to be present was not violated. Trial occurred within 160 days of Defendant's written demand for a speedy trial, and thus no speedy trial violation occurred. Defendant cannot show that he was prejudiced by counsel's failure to seek revocation of his bond. Defendant committed separate acts (speeding and failure to stop for traffic control devices) which support separate offenses, although they share the common act of refusing to stop at the direction of an officer; and neither conviction is a lesser included offense of the other. Thus, no violation of the one-act, one-crime doctrine. (BARBERIS and WHARTON, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel