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PEOPLE v. PARTEE

No. 65391.

125 Ill.2d 24 (1988)

530 N.E.2d 460

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JESSIE PARTEE, JR., Appellee.

Supreme Court of Illinois.

Opinion filed October 20, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Paul A. Logli, State's Attorney, of Rockford (Shawn W. Denney, Solicitor General, and Terence M. Madsen, Assistant Attorney General, of Chicago, and Kenneth R. Boyle and William L. Browers, of the State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Steven E. Wiltgen, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellee.

Affirmed; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

The principal question raised by this appeal is whether a defendant who is convicted in absentia may appeal his conviction without first moving for a hearing to determine whether his absence from trial was willful. We answer this question in the affirmative.

The defendant, Jessie Partee, Jr., was indicted for aggravated battery in the circuit court of Winnebago County...

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