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PEOPLE v. GUTTIEREZ

No. 1-91-2909.

648 N.E.2d 928 (1995)

271 Ill. App.3d 301

208 Ill.Dec. 6

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Porfirio GUTTIEREZ, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

March 20, 1995.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Karen Daniel, Asst. Appellate Defender, Chicago, for appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Gael A. McCaughey-O'Brien, Asst. State's Attys. of counsel), for appellee.

Justice WOLFSON delivered the opinion of the court:

This State, as it must, provides adequate procedures to protect a defendant's right not to be tried while unfit. In this first degree murder case, those procedures were ignored. For that reason, we reverse the defendant's conviction and remand for a new trial.

PROCEEDINGS BEFORE TRIAL

The defendant was charged with first degree murder and aggravated battery. For reasons that are not clear, the trial...

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