People v. Davis

Illinois Appellate Court
Criminal Court
Pre-Trial Fairness Act
Citation
Case Number: 
2023 IL App (1st) 231856
Decision Date: 
Monday, December 18, 2023
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
VAN TINE

Defendant appealed from a circuit court order granting the State’s petition for pretrial detention, arguing that the State did not establish that the proof was evident and presumption great that he had committed unlawful use of a weapon by a felon, that the State failed to prove he posed a real and present threat to the safety of the community, that the State failed to prove no conditions of pretrial release would mitigate the threat, that the trial court’s written order was inaccurate, and that the State failed to produce defendant’s criminal history prior to the detention hearing. The appellate court affirmed, finding that the trial court did not abuse its discretion and that the defendant waived his argument regarding his criminal history. (REYES and D.B. WALKER, concurring)