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People v. Tate

Court of Appeals of Illinois, First District, Third Division

September 14, 2016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
EDMOND TATE, Defendant-Appellant.

         Appeal 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 and opinion.

          OPINION

          COBBS JUSTICE

         ¶ 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.[1] 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.
What date?
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 ...

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