Court of Appeals of Illinois, First District, Third Division
from the Circuit Court of Cook County, No. 11 CR 08270
Honorable Carol A. Kipperman, Judge Presiding.
JUSTICE COBBS delivered the judgment of the court, with
opinion. Justices McBride and Ellis concurred in the judgment
1 Following a bench trial, defendant Edmond Tate was
convicted of aggravated robbery and sentenced to 28
years' imprisonment. On appeal, defendant contends that
the trial court erred in denying his pretrial motion for
substitution of judge as untimely. We reverse.
2 We set forth the facts and procedural background of this
case to the extent necessary to resolve the issue on appeal.
On August 27, 2008, a robbery occurred at a store in Forest
Park. An arrest warrant was issued for defendant on April 25,
2011, stating that he was to be brought to the courthouse in
Maywood (Fourth Municipal District). Defendant was arrested
on May 1, 2011, and on May 2, 2011, he was charged by felony
complaint with unlawful restraint and aggravated robbery
(case No. 11-4002416-01). On May 3, 2011, the half sheet
indicated that Judge Vazquez set bond and defendant demanded
a trial. On May 5, 2011, the half sheet indicated that Judge
Grossi continued the matter to May 20, 2011. Nothing in the
record suggests these appearances occurred anywhere other
than the courthouse in Maywood.
3 On May 20, 2011, defendant appeared with an assistant
public defender before Judge Grossi in a courtroom in
Maywood. The following colloquy occurred:
"THE COURT: Edmund [sic] Tate.
What's the number on this?
ASSISTANT STATE'S ATTORNEY [(ASA)]: 11 CR 8270, June 9th.
ASSISTANT PUBLIC DEFENDER [(APD)]: What room is it going to?
THE COURT: All right. Mr. Tate, your case was indicted by the
grand jury under Case No. 11 CR 8270. Your next court date is
in Room 107.
APD: Shouldn't it be Room 108? Wasn't the last one-
THE COURT: I sent this mess to 105. So there's 20 cases,
so I'm skipping 105.
APD: Can it go to 108?
THE CLERK: The last one went to 108.
THE COURT: So this one will go to 107.
APD: Well, he's asking for the 9th.
Motion State to the ...