PEOPLE v. SMITH

No. 2-97-0471.

701 N.E.2d 162 (1998)

298 Ill. App.3d 1067

233 Ill.Dec. 519

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ernestine SMITH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 25, 1998.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of State Appellate Defender, Elgin, for Ernestine Smith.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, David A. Bernhard, State's Attorneys Appellate Prosecutor, Elgin, Kenneth H. Hobson, White Hall, for the People.


Justice INGLIS delivered the opinion of the court:

Following a bench trial, defendant, Ernestine Smith, was convicted of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1996)) and sentenced to six years' imprisonment. Defendant appeals her conviction and contends that the trial court abused its discretion by starting the trial in her absence without first determining whether she was willfully absent.

At trial, two North Chicago police...

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