People v. Schoreck

              No. 2--06--0452 Filed: 8-15-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--2916
)
CHARLES I. SCHORECK, JR., ) Honorable
) Joseph G. McGraw,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________________________
JUSTICE O'MALLEY delivered the opinion of the court:
Defendant, Charles I. Schoreck, Jr., appeals his conviction of aggravated battery (720 ILCS
5/12--4(b)(1) (West 2004)), arguing that: (1) the trial court abused its discretion in concluding that
the State, at a January 2006 fitness hearing, proved him fit to stand trial; and (2) the trial court did
not engage defendant in a colloquy adequate to insure that his waiver of his right to present an
insanity defense was knowing, intelligent, and voluntary. We hold that the trial court's finding of
fitness at the January 2006 hearing was against the manifest weight of the evidence. Alternatively,
we hold that the trial court erred in not sua sponte holding another fitness hearing when further
doubts of defendant's fitness arose at trial and sentencing. Accordingly, we reverse and remand.
BACKGROUND