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PEOPLE v. KINKEAD

No. 75236.

660 N.E.2d 852 (1995)

168 Ill.2d 394

214 Ill.Dec. 145

The PEOPLE of the State of Illinois, Appellee, v. Scotty Lee KINKEAD, Appellant.

Supreme Court of Illinois.

Rehearing Denied January 29, 1996.

Attorney(s) appearing for the Case

Thomas F. Geraghty, Chicago (Arthur S. Freeman, of counsel, and Angela Coin, Rod Floro, Amy Bauman, Thomas Swigert, Steven Wernikoff, Kelly Cassidy, David Doyle, Nareen Kim, Lewis Putman, Sonya Sud and Lindsey Levin, law students), for appellant.

Roland W. Burris and James E. Ryan, Attorneys General, Springfield, and Alan D. Tucker, State's Attorney, Havana (Rosalyn B. Kaplan and Barbara A. Preiner, Solicitors General, and Arleen C. Anderson and Martha E. Gillis, Assistant Attorneys General, Chicago, of counsel), for the People.

Justice McMORROW delivered the opinion of the court:

In this appeal we revisit the circumstances under which a defendant who is being medicated with psychotropic drugs is entitled to a fitness hearing pursuant to section 104-21(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-21(a) (West 1992)). Recent precedent of this court has construed section 104-21(a) as conferring upon defendants, as a matter of entitlement, the right to a mental competency hearing...

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