PEOPLE v. HANSON

No. 96869.

817 N.E.2d 472 (2004)

212 Ill.2d 212

288 Ill.Dec. 114

The PEOPLE of the State of Illinois, Appellant, v. Robert HANSON, Appellee.

Supreme Court of Illinois.

September 23, 2004.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Kevin W. Lyons, State's Attorney, Peoria (Gary Feinerman, Solicitor General, Linda D. Woloshin and Russell K. Benton, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Lawrence M. Bauer and Richard T. Leonard, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert J. Agostinelli, Deputy Defender, and Mark D. Fisher, Assistant Defender, of the Office of the State Appellate Defender, Ottawa, for appellee.


Justice KILBRIDE delivered the opinion of the court:

In this case, the primary issue we are asked to decide is whether the grant of a defense motion for a psychological examination, without more, creates a sufficient inference that the trial court found bona fide doubt of defendant's fitness to stand trial to require a remand for a retrospective fitness hearing. We hold that it does not.

BACKGROUND

In 2001, defendant Robert Hanson was indicted...

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