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People v. Hall

Court of Appeals of Illinois, First District, First Division

March 31, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
ADAM HALL, Defendant-Appellant.

          Rule 23 order filed December 29, 2016

          Rule 23 order withdrawn March 15, 2017

         Appeal from the Circuit Court of Cook County. No. 09 CR 80003 Honorable Thomas Byrne, Judge Presiding.

          PRESIDING JUSTICE CONNORS delivered the judgment of the court, with opinion. Justices Harris and Mikva concurred in the judgment and opinion.

          OPINION

          PRESIDING JUSTICE CONNORS

         ¶ 1 Following a trial, a jury determined that defendant, Adam Hall, was a sexually violent person as defined by the Sexually Violent Persons Commitment Act (Act) (725 ILCS 207/1 et seq. (West 2012)), and he was subsequently committed to the custody and care of the Department of Human Services. On appeal, defendant contends that he was denied his right to a fair trial and that the evidence was insufficient to prove that he was a sexually violent person. In a motion to dismiss that was taken with the case, the State asserts that this court does not have jurisdiction over this appeal. We agree with the State for reasons discussed below.

         ¶ 2 We present only the facts relevant to the analysis of our jurisdiction. On May 14, 2014, the trial court entered judgment on the jury's verdict that defendant was a sexually violent person. After the dispositional hearing that immediately followed, the court committed defendant to the care of the Department of Human Services for treatment in a detention facility and continued the matter for posttrial motions. Per the report of proceedings, the parties and the trial court had the following exchange:

"MS. WELKIE [Assistant State's Attorney:] I'll write [an order] up right now while you're in the back talking, and then I will have it for you-
MR. BELL [defense counsel:] I'm sorry, Judge, I'm trying to get a date here.
MS. WELKIE: What about-we'll waive the 30 days obviously.
THE COURT: You'll have the 30 days?
MS. WELKIE: We'll waive the 30 days. I mean we will not object if it's after the 30 days if it's all right with the Court.
MR. BELL: June 20.
MS. WELKIE: June 20 is fine if it's okay with ...

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