People v. Chad Lane, No. 3-08-0858


FAILURE TO ADMONISH DEFENDANT AT THE TIME HE ENTERED NOT GUILTY PLEA THAT HE COULD BE TRIED IN ABSENTIA WAS REVERSIBLE ERROR WHERE DEFENDANT WAS CONVICTED FOLLOWING TRIAL IN ABSENTIA. Following a jury trial in absentia, defendant was found guilty of predatory criminal sexual assault and aggravated criminal sexual abuse and sentence to 30 years’ imprisonment. On appeal, the appellate court reversed due to the failure of the trial judge to admonish defendant, at the time he plead not guilty, of trial in absentia if he did not appear for trial. The appellate court rejected the argument that the defendant received in absentia warnings at a prior hearing where there was no evidence defendant had entered a not guilty plea at that hearing or before. In absentia admonishments must be given at the time defendant pleads not guilty or at any later date pursuant to 725 ILCS 5/113-4(e) (West 2006). The appellate court found the evidence was sufficient to convict and, therefore, there was no issue of double jeopardy on retrial.