People v. Pitts

Defendant, who was arrested and charged with multiple offenses including one count of armed violence, appealed from a trial court order denying him pretrial release, arguing that the State failed to prove that the proof was evident or the presumption great that defendant committed a detainable offense. The appellate court, using a clear and convincing evidence standard of review, affirmed. The court found that there was sufficient circumstantial evidence leading to the conclusion that defendant possessed illegal drugs and a handgun simultaneously prior to his arrest and that the trial court’s finding was not unreasonable, arbitrary or not based on the evidence presented. (REYES, concurring and R. VAN TINE, specially concurring)