People v. Smith

              Sixth Division
November 9, 2007
No. 1-05-2694
THE PEOPLE OF THE STATE OF ILLINOIS
Plaintiff-Appellee,
v.
ANTONIO SMITH,
Defendant-Appellant.
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Appeal from the Circuit Court
of Cook County
04 CR 26722
Honorable
Stuart E. Palmer,
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Following a jury trial, defendant Antonio Smith was found guilty of four counts of
aggravated battery to a peace officer and sentenced to consecutive and concurrent prison terms
totaling 15 years. During the sentencing hearing, the court found defendant to be in direct
criminal contempt of court and sentenced him to an additional six months' imprisonment, to be
served consecutively with his sentence for the aggravated battery convictions. On appeal,
defendant, who represented himself at trial, contends that: (1) the trial court abused its discretion
in denying his request for standby counsel, and (2) the record is insufficient to sustain his
conviction for contempt.
Defendant was arrested after engaging in a suspected narcotics transaction. At the police
station, defendant attacked several police officers and was charged with multiple counts of
aggravated battery and resisting or obstructing a peace officer. Defendant was initially appointed
counsel, but in a pretrial hearing, defendant informed the court that he had defended himself in a
prior felony case and wished to represent himself in the present case. The court warned defendant