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People v. Jackson

February 13, 1998

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
LORENZO JACKSON, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County Honorable Daniel LoCallo, judge Presiding.

The opinion of the court was delivered by: Justice Greiman

After his arrest in July 1995 and a bench trial in July 1996, defendant Lorenzo Jackson was found guilty of aggravated vehicular hijacking and armed robbery. On appeal, defendant asserts that his case should be remanded for a hearing pursuant to People v. Kinkead, 168 Ill. 2d 394 (1995), to determine whether he was being treated with psychotropic drugs during any critical stage in the proceedings. We hold that no remand is necessary because defendant definitively stated that he was not taking medication at any time during or proximate to his trial.

On July 1, 1995, defendant was arrested for having taken a car from its owner at gunpoint and robbing the owner's passenger on June 28, 1995. On April 4 and 8, 1996, a hearing was held on defendant's motion to suppress his statements and the motion was denied. On July 10 and 11, 1996, a bench trial was held and the witnesses included the two victims. On July 11, 1996, the trial court convicted defendant of aggravated vehicular hijacking and armed robbery. On August 13, 1996, defendant filed a motion for a new trial.

On August 29, 1996, a hearing was held on defendant's post-trial motion and for sentencing. When defense counsel presented arguments for the purpose of sentencing, he informed the trial court that defendant currently was being treated for depression. The trial court asked when defendant started medication. Defense counsel responded that defendant was getting treatment, in the form of "siliquan ," and that he did not know defendant was taking medication until that day (August 29). The trial court immediately ordered a behavioral clinic examination with respect to the medication being taken by defendant and continued the matter until September 23, 1996.

On September 23, 1996, the proceedings reconvened. The trial court was informed that Forensic Clinical Services had completed the psychological portion of the examination but still had to do a psychiatric examination because defendant was currently on medication. Accordingly, the matter was continued.

On October 17, 1996, the proceedings reconvened. A report dated October 15, 1996, by Dr. Philip Pan, a staff psychiatrist with Forensic Clinical Services, stated that defendant was fit to stand trial or be sentenced and that he was not receiving psychotropic medications "at this time." The trial court conducted the following examination of defendant:

"THE COURT: On the last court date on September 23rd I ordered a behavioral clinic examination because you mentioned that you were taking some type of medication for depression. Is this true?

THE DEFENDANT: Yes.

THE COURT: Now on October 11th Dr. Pan indicatesthat you are not receiving any medications.

THE DEFENDANT: Now? No.

THE COURT: Are you still taking medication?

THE DEFENDANT: No.

THE COURT: Were you taking medications ...


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