PEOPLE v. SCHWAB

No. 2-85-0136.

151 Ill. App.3d 424 (1986)

502 N.E.2d 815

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES C. SCHWAB, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed December 31, 1986.


Attorney(s) appearing for the Case

Dennis M. Tobin and Jayne Carr Thompson, both of Chicago, for appellant.

Philip L. DiMarzio, State's Attorney, of Sycamore (Kenneth R. Boyle and Virginia M. Ashley, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.


Judgment affirmed.

JUSTICE LINDBERG delivered the opinion of the court:

Defendant, James C. Schwab, was convicted in the circuit court of De Kalb County of murder (Ill. Rev. Stat. 1983, ch. 38, par. 9-1) at the conclusion of a bench trial. He was sentenced to a term of 22 years' imprisonment.

On appeal, defendant raises two issues: (1) whether the trial court erred when it failed to raise sua sponte the issue of defendant's fitness to stand...

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