Court of Appeals of Illinois, First District, First Division
23 order filed December 29, 2016
23 order withdrawn March 15, 2017
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.
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
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 ...