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PEOPLE v. DUBLIN

No. 77-166.

63 Ill. App.3d 387 (1978)

380 N.E.2d 31

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN DUBLIN, JR., Defendant. — (THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Petitioner-Appellant.)

Appellate Court of Illinois — Second District.

Opinion filed August 23, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, and Philip A. Nicolosi, of Rockford (Maureen D. Mudron, Assistant Attorney General, of counsel), for appellant.

Daniel D. Doyle, State's Attorney, of Rockford (Phyllis J. Perko and Barbara A. Preiner, both of Illinois State's Attorneys Association, of counsel), for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

This appeal principally poses the question whether the circuit court has authority to remand a defendant to the Department of Mental Health for further treatment when the defendant has been found unfit to stand trial but has been determined by the Department to be in no further need of mental treatment requiring hospitalization and has been administratively discharged...

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