2024 IL App (1st) 241983-U No. 1-24-1983B December 20, 2024 FIFTH DIVISION
NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
____________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS,) Appeal from the Circuit Court ) of Cook County. Plaintiff-Appellee, ) ) v. ) Nos. 24 CR 5231, ) 24 CR 5232 DIRK HUGO, ) ) The Honorable Defendant-Appellant. ) Paul S. Pavlus, Judge, presiding.
____________________________________________________________________________
JUSTICE SHARON ODEN JOHNSON delivered the judgment of the court. Presiding Justice Mikva and Justice Navarro concurred.
ORDER
¶1 Held: We affirm the trial court’s order denying defendant’s motion to reconsider his pretrial release. The fact that the police allegedly told the press that “ ‘the attack was a targeted isolated attack and there is no known threat to the public’ ” does not render the trial court’s findings against the manifest weight of the evidence, where a 67-year old victim identified defendant as the person who entered the victim’s hotel room and hit the victim in the head with a gun, where the police subsequently observed defendant wearing body armor, with a loaded gun and with various narcotics and a scale, and where defendant has multiple felony convictions including two armed habitual criminal convictions.
No. 1-24-1983B ¶2 Defendant-appellant Dirk Hugo, by and through his private counsel, brings this appeal
under Illinois Supreme Court Rule 604(h) (eff. Apr. 15, 2024) challenging the trial court’s
order entered on September 11, 2024, pursuant to, what is commonly known as, the Pretrial
Fairness Act (PFA). 1 Under case number 24 CR 052310, defendant was charged with home F
invasion (720 ILCS 5/19-6(a)(2), (3) (West 2020)), armed habitual criminal, (720 ILCS 5/24-
1.7(a) (West 2020)), aggravated battery causing great bodily harm to a person 60 years or older
(720 5/12-3.05(a)(4) (West 2020)), unlawful possession of a weapon by a felon (720 ILCS
5/24-1.1(a) (West 2020)), aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(1)
(West 2020)), and aggravated unlawful restraint (720 ILCS 5/10-3.1(a) (West 2020)). Under
case number 24 CR 05233, defendant was charged with armed violence (720 ILCS 5/33A-2(a)
(West 2020)), armed habitual criminal (720 ILCS 5/24-1.7(a) (West 2020)), unlawful
possession of a weapon by a felon (720 ILCS 5/24-1.1(a) West 2020)), possession of a
controlled substance with intent to deliver (720 ILCS 570/402(a)(2)(A) (West 2020)), and
aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(1) (West 2020)). For the
following reasons, we affirm the trial court’s order denying defendant’s motion to reconsider
his pretrial detention. ¶3 BACKGROUND ¶4 I. Documents ¶5 On May 2, 2024, the State filed a verified petition for pretrial detention which the trial
court granted the same day. The State alleged: (1) that, on April 14, 2024, defendant entered a
1 In 2021, the General Assembly passed two separate acts that “dismantled and rebuilt Illinois’s statutory framework for the pretrial release of criminal defendants.” Rowe v. Raoul, 2023 IL 129248, ¶4 (discussing Pub. Act 101-652, § 10-255, 102-1104, § 70 (eff. Jan. 1, 2023) (amending 725 ILCS 5/art. 110) (the Pretrial Fairness Act) and Pub. Act 102-1104 (eff. Jan. 1, 2023) (the Follow-Up Act).
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hotel room and struck the victim in the head with a gun causing a wound requiring stitches,
and (2) that, two weeks later, on May 1, 2024, when the police arrested defendant, he was
wearing body armor and had a loaded gun, various narcotics and a scale. The petition further
alleged that the victim of the hotel attack identified defendant. ¶6 On the written detention order entered by the trial court on May 2, 2024, the trial court
made handwritten findings that the proof was evident and the presumption great that defendant
had committed the offenses of unlawful use of a weapon by a felon, possession of a controlled
substance with intent to deliver, armed violence, and aggravated battery causing great bodily
harm. The court further found that defendant posed a real and present danger, where he was
armed with a stolen handgun, was wearing body armor, and possessed a scale and narcotics
wrapped for delivery. The court found that no condition or combination of conditions could
protect the public in light of defendant’s prior convictions which included convictions for
armed habitual criminal, aggravated discharge of a firearm, aggravated battery causing great
bodily harm, and unlawful use of a weapon by a felon. ¶7 The record on appeal does not contain the transcript from the original detention hearing
on May 2, 2024. The State alleges, and defendant does not dispute, that defendant did not
appeal that ruling at that time. ¶8 In the court records that are part of our record on appeal, a handwritten half-sheet
indicates that the trial court appointed an assistant public defender (APD) to represent
defendant on May 2, 2024, and the note names the individual APD. The handwritten notes on
the May 23 half-sheet are confusing, but they appear to indicate that the Public Defender was
discharged. The May 23 half-sheet contains a note with the APD’s last name that is then
crossed out, and an arrow from that note to another note that says “PD Dvcharged” sic. The
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typed “Case Summary” sheet indicates that the Public Defender was reappointed on June 6,
2024. The Case Summary also indicates that the case was continued by agreement on June 6
and again on June 18. ¶9 On June 24, 2024, defendant filed numerous pro se motions. A couple of days later, on
June 26, 2024, the trial court referred defendant to be evaluated regarding his competence to
represent himself. However, a few days later, on August 6, 2024, privately retained counsel
filed a motion for defendant’s pretrial release. On August 6, 2024, counsel also entered an
“Appearance” as “assistant counsel.” ¶ 10 The counsel’s August 6 motion alleged that the trial court’s finding of dangerousness
should be “discounted by several articles that indicated that ‘police [indicated] that the incident
was targeted and isolated with no known threat to the public.’ ” The motion alleged that a
battered woman had contacted defendant regarding her abusive relationship with the victim
prior to the hotel incident. The motion acknowledged that defendant “does have a significant
record,” but argued that he had “made strides to change his life.” ¶ 11 The motion alleged various violations by the State of the PFA. First, defendant alleged
a violation of the PFA’s discovery requirement, claiming that he had not received copies of his
criminal history, his written or recorded statements, the substance of any oral statements relied
upon by the State, or any police reports. The PFA requires the State to tender copies of this
information to defendant prior to a detention hearing. 725 ILCS 5/110-6.1(f)(1) (West 2022). ¶ 12 Second, the motion alleged a violation of the PFA’s 90-day rule. Section 110-6.1(i) of
the PFA requires that, if a court orders detention, a defendant must be brought to trial within
90 days of the detention order and that, if he is not, “he shall not be denied pretrial release.”
725 ILCS 5/110-6.1(i) (West 2022). This section provides that “any period of delay resulting
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from a continuance granted at the request of the defendant and any period of delay resulting
from a continuance granted at the request of the State with good cause shown” shall be omitted.
725 ILCS 5/110-6.1(i) (West 2022). The motion claimed that “because [d]efendant has not
been brought to trial as of August 2, 2024, he should not be denied pre-trial release.” ¶ 13 Third, the motion argued that the trial court should consider a fourth amendment
violation of defendant’s rights when assessing the State’s proof of the alleged crime. Section
110-6.1(f)(6) of the PFA provides that: “The defendant may not move to suppress evidence
of a confession, however, evidence that proof of the charged crime may have been the result
of an unlawful search or seizure *** is relevant in assessing the weight of the evidence against
the defendant.” 725 ILCS 5/110-6.1(\f)(6) (West 2022). The motion alleged that defendant’s
fourth amendment rights were violated when the police arrested him without a warrant. ¶ 14 On August 7, 2024, the trial court entered a notation on the half-sheet indicating that
it had held a detention hearing and found that the State had shown by “clear and convincing”
evidence that defendant had committed “Class X” offenses, that “no condition or combination
of [release] conditions” would suffice, and that a mental health examination was still pending.
The trial court also entered a written order stating that the defendant was “ordered to be
detained.” No transcript for the August 7 hearing appears in the record before us. ¶ 15 On August 30, 2024, the same privately retained counsel filed another motion for
pretrial release in which counsel again alleged that the State had failed to provide certain
required documents, that defendant should be released due to violation of the 90-day rule, and
that news articles indicated defendant’s lack of dangerousness. In addition, the motion alleged
that the “State was allowed to file a subsequent Petition for Pre-trial Detention over
Defendant’s objection on August 7, 2024, with no new additional facts as required by
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No. 1-24-1983B
6.1(d)(2)” of the PFA. However, the only petition for pretrial detention in the record before
us is the petition filed by the State on May 2. ¶ 16 This second motion also argued that the trial court erred by “ordering a competency
evaluation for Defendant’s fitness to stand trial for his attempts to represent himself and filing
numerous Motions.” ¶ 17 Regarding the 90-day issue, the second motion alleged that, on May 23, 2024,
defendant was granted leave to proceed pro se, that the public defender was re-appointed over
defendant’s objection on June 6, and that the public defender agreed to continuances over
defendant’s objection until an appearance was filed by defendant’s privately retained counsel.
The motion alleged that defendant had consistently objected to delays due to a fitness
evaluation and that all the allegedly objected-to delays resulted in a speedy trial violation. ¶ 18 The second motion also contested the place of trial on the ground that the arrest
allegedly occurred in Arlington Heights, while the hotel was in Glenview. The motion argued
that the charges stemming from the arrest must be transferred and, if not transferred, dismissed.
In support, the motion cited section 1-6 of the Criminal Code of 2012 (720 ILCS 5/1-6) which
provides in relevant part that “[c]riminal actions shall be tried in the county where the offense
was committed.” This court observes that both Glenview and Arlington Heights are in Cook
County. ¶ 19 The motion further alleged that the State cannot prove an element of home invasion
because the victim’s girlfriend allegedly gave defendant authority to enter the victim’s hotel
room. ¶ 20 On September 11, 2024, the trial court held a hearing on defendant’s motion, and the
transcript for this hearing is the only transcript in the appellate record.
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No. 1-24-1983B ¶ 21 II. Transcript ¶ 22 Defendant was present with his privately retained counsel at the hearing on September
11. The assistant State’s attorney (ASA) began the hearing by stating that defense counsel was
“seeking the same relief that we did a hearing on already,” on August 7, 2024. The court
replied that it considered the current motion to be a motion to reconsider. ¶ 23 First, defense counsel stated that her client had informed her that he had objected to
every delay and to representation by the Public Defender. Thus, counsel argued that the State
had failed to bring defendant to trial within 90 days. Second, counsel asserted that her client
had not received copies of required information. Third, counsel argued that newspaper articles
indicated that defendant did not pose a danger. Fourth, counsel claimed that the court should
not have ordered a “BCX” or mental health examination where counsel had not seen “any
indications of mental illness.” Fifth, counsel argued a “lack of jurisdiction” and an “improper
place at trial.” Counsel claimed that “because the case is based out of the Rolling Meadows
district,” it had to be heard there, rather than in Skokie, where the hearing was occurring.
Counsel argued that this was because “cases shall be tried in this county where the offense
occurred.” (This court observes that both Rolling Meadows and Skokie are in Cook County.)2 ¶ 24 Sixth, counsel claimed that “some of the counts” in the indictment were not “before the
Grand Jury” and, therefore, should be dismissed. Seventh, counsel alleged that defendant’s
fourth, sixth and fourteenth amendment rights were violated. Eighth, counsel mentioned the
victim’s girlfriend, but counsel acknowledged, when asked by the court, that she was not
2 The Circuit Court of Cook County is comprised of six districts, including Rolling Meadows and Skokie, and there is no statutory authority limiting cases by district within the same county.
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No. 1-24-1983B
present to give sworn testimony before the court. When counsel asked the court to consider
hearsay, the court told counsel to “move on” with her argument. ¶ 25 In response, the State noted, first, that if a crime occurs in Glenview, venue is proper
in Skokie. Second, the State argued that, if a defendant wants to attack an indictment, he has
to file a motion indicating “a valid basis for doing so.” Third, the State observed that a
defendant’s fitness to stand trial may be raised by the defense, the State and/or the court and
that, in the case at bar, it was raised by both the court and the State due to defendant’s rambling
and inarticulate statements on June 26, 2024. Fourth, the State asserted that defense counsel
had alleged that defendant was not present “for some court date,” and so the State went through
every court date, noting that defendant was present for each one. ¶ 26 Fifth, the State argued that there was no violation of the 90-day rule. The State noted
that the Public Defender was appointed on June 6, at the arraignment, and was given leave to
withdraw when privately retained counsel filed her appearance on August 6. The State noted
that, because of defendant’s “rambling” during the June 6 and June 18 court dates, he was
represented by the Public Defender and was not pro se. The State observed that the case had
been continued by agreement on each court date until September 4 when counsel failed to
appear and that was marked “motion defendant.” The State noted that “[i]t was then
subsequently by agreement to today’s date.” ¶ 27 The State noted that “counsel has indicated that she’s special counsel, that the
defendant is somehow representing himself.” The State argued that it had never been declared
by the court that defendant was pro se or that she was special counsel. As a result, she is the
counsel of record and the case has been proceeding by agreement, resulting in no violation of
the 90-day rule.
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No. 1-24-1983B ¶ 28 Sixth, the State argued that pretrial detention was justified by the allegations in this
case, by the fact that the charges included numerous Class X felonies and by defendant’s
significant criminal history which the State began to review. However, the trial court cut off
the list, noting that the court had heard defendant’s criminal background numerous times
before. The State asked if the court wanted it to review the factual allegations, and the court
did not, noting that it had “heard all the same arguments on a prior occasion.” ¶ 29 Giving its ruling, the court noted that “[a]ll of the arguments made today were made on
a prior occasion,” and that it still stood by its prior decision that there were no conditions or
combination of conditions that could protect the community from defendant. ¶ 30 First, with respect to the proffered newspaper article, the court said that it had no idea
who wrote the article or what the sources were and that, in any event, the determination had to
be made by the court, not the reporter. ¶ 31 Second, the court denied counsel’s motion to transfer one of the cases, noting that
defendant was arrested in Arlington Heights, that Arlington Heights is in Cook County, and
that the trial court was a Cook County court. ¶ 32 Third, the court agreed with the State that if counsel wanted to challenge the indictment,
that had to be done “in a proper fashion,” which had not been done here. ¶ 33 Fourth, the court noted that it had the power to order a “BCX” based on a defendant’s
conduct which it had done here. The court asked the State to reach out and find out why the
examination had not yet been completed. ¶ 34 Fifth, after counsel asserted that her client had “a running demand” for trial, the court
found that defendant did not have a running demand and that delays had “gone by agreement.”
When defendant tried to interject, the court instructed him that he was represented by counsel,
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No. 1-24-1983B
that he should not address the court, and that he needed to let his counsel do it. The court ruled:
“You have been represented by counsel each and every time that you were before this Court
[sic] by agreement. It’s gone by agreement but for the one motion defendant date that your
lawyer was not in court.” ¶ 35 The court summarized the agreements as follows, starting with June 6:
“Once again, it’s already been spread of record 6/6 of ’24, by agreement to 6/18. 6/18, by agreement to 6/[2]6. 6/26, by agreement 8/6, in person. 8/6, the case was advanced on [sic] July 8, previous order to stand, by agreement 8/6. 8/6, I gave permission to the Public Defender to withdraw by agreement, that was you counsel, to 8/7. 8/7, detention hearing, by agreement 9/4. 9/4, defense attorney not in court, motion defendant [sic] 9/19. It was motioned up again 9[/]6. 9/6 went to 9/11.”
¶ 36 Defense counsel then said she was demanding trial. The court responded that it would
put the case on for the next day, Thursday. Counsel protested that she had other matters. The
court noted that it was Wednesday, and that the court would accommodate counsel by putting
the matter on for Friday at 9 a.m. Counsel asked if she could appear by zoom, while her
client appeared in person, and the court replied that, if defendant was present, then counsel
needed to be present. The court explained that “you can’t have it both ways,” and that if they
wanted to demand trial, then any continuance was up to the State. The State agreed to
Friday, and the court adjourned until then. A written order was entered stating “Status;
Defendant in Custody” and that the next court date was Friday, September 13, 2024. ¶ 37 III. Notice of Appeal ¶ 38 On October 3, 2024, defendant filed a form “Notice of Appeal from Pretrial
Detention or Release Oder Pursuant to Illinois Supreme Court Rule 604(h).” The blank line
for “Date of Oder” was filled in as “September 11, 2024.” The blank line for “Date(s) of
Hearing(s) Regarding Pretrial Release” was filled in as “ 8/6/2024, 8/7/2024, 9/11/2024.” As
previously noted, the September 11 date is the only date for which we have a transcript. - 10 -
No. 1-24-1983B ¶ 39 No points, facts or arguments were raised in the notice of appeal. However, on
November 15, 2024, the same privately retained counsel filed an appellate memo with six
single-spaced pages of argument, and on December 6, 2024, the State filed its response. ¶ 40 ANALYSIS ¶ 41 In his memo to this court, defendant asserts that the matters before this court are: (1)
the trial court’s denial of pretrial release and (2) “permission for granting of his interlocutory
appeal regarding matters of constitutional, statutory and jurisdictional concern brought up as a
matter of law in the underlying case.” This is solely a PFA appeal, and it is being heard on
that basis. ¶ 42 The memo further asserts that “[f]or the sake of judicial efficiency, Appellant hereby
wishes to incorporate all his arguments in all his filings,” and will “focus” his memo on certain
arguments. For the sake of judicial efficiency, we will address only those arguments raised
and fully argued in his memo. People v. Forthenberry, 2024 IL App (5th) 231002), ¶ 42 (if a
memo is filed in a PFA appeal, it must contain argument for each issue in order for that issue
to be considered on appeal). ¶ 43 Pretrial release is governed by Article 110 of the Code of Criminal Procedure of 1963
(Code) (725 ILCS 5/110-1 et seq (West 2022)), and this article provides that a defendant’s
pretrial release may be denied only in certain statutorily limited situations. First, for pretrial
release to be denied, the State must file a petition. 725 ILCS 5/110-2(a) (West 2022). Second,
when a court considers the issue of release or detention, “[a]ll defendants shall be presumed
eligible for pretrial release, and the State shall bear the burden of proving by clear and
convincing evidence” that the following three propositions are true: (1) that the proof is
evident or the presumption great that the defendant has committed a qualifying offense, (2)
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No. 1-24-1983B
that the defendant’s pretrial release poses a real and present threat to the safety of any person
or the community, and (3) that less restrictive conditions would not avoid a real and present
threat to the safety of any person or the community or prevent the defendant’s willful flight
from prosecution. 725 ILCS 5/110-2(e) (West 2022). ¶ 44 To determine whether the defendant poses a real and present threat to any person or the
community, the court may consider this non-exhaustive list of factors: 1) the nature and
circumstances of any offense charged, including whether the offense is a crime of violence
involving a weapon or a sex offense; 2) the history and characteristics of the defendant; 3) the
identity of any person to whom the defendant is believed to pose a threat and the nature of the
threat; 4) any statements made by or attributed to the defendant, together with the circumstance
surrounding the statements; 5) the age and physical condition of the defendant; 6) the age and
physical condition of the victim or complaining witness; 7) whether the defendant is known to
possess or have access to any weapons; 8) whether at the time of the current offense or any
other offense, the defendant was on probation, parole, or other form of supervised release from
custody; and 9) any other factors, including those listed in section 110-5 of the Code (725 ILCS
5/110-5 (West 2022)). 725 ILCS 5/110-6.1(g) (West 2022). ¶ 45 Upon finding that the defendant poses a threat to the safety of any person or the
community, the defendant’s likely willful flight to avoid prosecution, and/or the defendant’s
failure to abide by previously issued conditions of pretrial release, the trial court must
determine if pretrial release conditions will reasonably ensure the appearance of a defendant
and the safety of any other person or the community and the likelihood of compliance with all
the conditions of pretrial release.725 ILCS 5/110-5(a) (West 2022). The court must consider
1) the nature and circumstances of the offense charged; 2) the weight of the evidence against
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No. 1-24-1983B
the defendant; 3) the history and characteristics of the defendant; 4) the nature and seriousness
of the specific, real and present threat to any person that would be posed by the defendant’s
release; and 5) the nature and seriousness of the risk of obstructing or attempting to obstruct
the criminal justice process. 725 ILCS 5/110-5(a) (West 2022). ¶ 46 The trial court’s determination regarding the dangerousness and/or conditions of
release are reviewed for an abuse of discretion. People v. Simmons, 2019 IL App (1st) 191253,
¶¶ 9, 15. An abuse of discretion occurs when the decision of the trial court is arbitrary, fanciful,
or unreasonable, or when no reasonable person would agree with the position adopted by the
trial court. Id. ¶ 47 A trial court’s finding that the State presented clear and convincing evidence that
mandatory conditions of release would fail to protect any person or the community, and/or that
the defendant had a high likelihood of willful flight to avoid prosecution, or that the defendant
failed to comply with previous conditions of pretrial release thereby requiring a modification
or revocation of the previously issued conditions of pretrial release, will not be reversed unless
those findings are against the manifest weight of the evidence. E.g. People v. McFarland, 2024
IL App (1st) 240615-U, ¶ 20. “A finding is against the manifest weight of the evidence only if
the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or
not based on the evidence presented.” People v. Deleon, 227 Ill.2d 322, 332 (2008). Under this
standard, we give deference to the trial court as the finder of fact as it is in the best position to
observe the conduct and demeanor of the witnesses.” Deleon, 227 Ill. 2d at 332. ¶ 48 Based on our review of the record, the trial court’s determination that defendant met
the standard of dangerousness, posing a real and present threat to the safety of any person or
persons in the community, is not against the manifest weight of the evidence. Specifically, the
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charges of home invasion and aggravated battery are listed as detainable qualifying offenses
under the Code (725 ILCS 5/110-6.1(a)(1.5) (West 2022)) 3 and the proof is evident and the
presumption great that the defendant committed said offenses given the State’s proffer of the
victim’s identification and the police officers’ first-hand observations upon arrest. People v.
Conway, 2023 IL 127670, ¶ 18 (it is well established that a single eyewitness identification is
sufficient to sustain a conviction); People v. Patterson, 2022 IL App (1st) 182542, ¶ 67 (police
officer’s testimony that he saw the defendant with the firearm was sufficient to establish
possession of it). ¶ 49 With respect to the trial court’s finding of dangerousness, defendant argues on appeal,
as he did in the court below, that certain statements allegedly made by the Glenview police to
news media indicate that defendant is not a danger to the public. Defendant alleges that the
police made statements that the attack was a targeted, isolated event and that there was no
known threat to the public. The trial court found that it had no information about the author of
the articles or the sources for the articles. ¶ 50 The record before us contains two articles. One lists an author, and one does not. While
both articles refer generally to statements made by “police,” neither article identifies its
sources. Although a trial court may consider hearsay evidence, there must be some indicia of
reliability, such as identification of the source of the hearsay. Further, the trial court found that
the determination had to be made by the court, not a news reporter. We would add that the
PFA requires any determination to be made by the court, not the police, after a careful
consideration of all the relevant statutory factors. Defendant’s argument based on hearsay
3 Section 110-6.1(a)(1.5) provides that a court may detain a defendant if he poses a real and present threat to the safety of any person or person or the community, and he is charged with a forcible felony. The section then lists the qualifying forcible felonies, and the list includes home invasion and aggravated battery. 725 ILCS 5/110- 6.1(a)(1.5) (West 2022). - 14 -
No. 1-24-1983B
from an unidentified speaker does not undercut the manifest weight of the evidence. This
evidence includes defendant’s criminal history which even counsel was forced to concede was
significant, the victim’s identification, the assault which defendant has yet to deny, the
resulting head injury, and defendant’s arrest wearing body armor, with a loaded gun and
narcotics. People v. Mancilla, 2024 IL App (2d) 230505, ¶ 29 (the defendant’s prior history
of felonies involving guns demonstrate his dangerousness and disregard for conditions or
restrictions); People v. Lee, 2024 IL App (1st) 232137, ¶ 26 (“multiple [prior] offenses in
which [defendant] possessed a firearm when he was not permitted to do so” confirmed
defendant’s dangerousness). 4 ¶ 51 Second, defendant claims on appeal that the State failed to meet its burden of proving
that no condition or combination of conditions could mitigate the threat posed by defendant,
where defendant resides in Arlington Heights and the victim resides in Glenview. This court
observes that this short distance did not apparently protect the victim from the underlying
offense. In addition, this argument was not made to the court below, so it is both forfeited and
not persuasive. ¶ 52 Third, defendant claims on appeal, as he did in the court below, that he did not receive
copies of required documents. 725 ILCS 5/110-6.1(f)(1) (West 2022). The PFA requires the
State to “tender,” 5 prior to a detention hearing, copies of the defendant’s criminal history, any
written or recorded statements, the substance of any oral statements made by any person relied
4 As noted above, the trial court found in its written May 2, 2024, detention order that no conditions could protect the public in light of defendant’s prior convictions for armed habitual criminal, aggravated discharge of a firearm, aggravated battery causing great bodily harm and unlawful use of a weapon by a felon. 5 As a verb, the word “tender” means to “offer or present (something) formally.” Google Dictionary, https://www.google.com (search “definition tender”) (last visited December 11, 2024) (Google’s English dictionary is provided by the Oxford’s English dictionaries.) - 15 -
No. 1-24-1983B
on by the State in its petition and any police reports in the prosecutor’s possession at the time
of the hearing. 725 ILCS 5/110-6.1(f)(1) (West 2022). Defendant’s memo on appeal alleges
that, prior to the original detention hearing, he did not receive any of these documents.
However, at that time, defendant was represented by the Public Defender; thus, any documents
would have been tendered to his counsel. His memo further alleges “that he did not receive a
copy of any of the substance of the complaints for the previous detention hearing when he was
represented by the Public Defender.” Defendant does not allege that his counsel lacked copies
of the required documents; rather, his issue seems to be that the copies were given to the Public
Defender when defendant allegedly wanted to act pro se and allegedly objected to the Public
Defender’s representation. The record on appeal does not contain the transcript from the
original detention hearing on May 2, 2024, and defendant did not appeal that ruling at that
time. Present counsel does not allege that she sought and was refused copies. Based on this
record, we cannot find a failure by the State to tender copies of required documents. ¶ 53 Fourth, defendant alleges on appeal, as he did in the court below, that the PFA’s 90-
day rule was violated. The PFA requires that, if a court orders detention, a defendant must be
brought to trial within 90 days of the court’s detention order and that, if he is not, “he shall not
be denied pretrial release.” 725 ILCS 5/110-6.1(i) (West 2022). ¶ 54 Like the prior claim regarding a lack of required documents, the 90-day claim also
appears to be a complaint regarding appointment of the Public Defender. In the factual
background section of his appellate memo, defendant asserts that he was permitted to represent
himself on May 23, 2024; that on June 6, 2024, the Public Defender was reappointed over
defendant’s objection; and that the Public Defender agreed to a continuance to June 18, 2024,
which defendant allegedly objected to. Defendant asserts that the Public Defender agreed to
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No. 1-24-1983B
more continuances, which defendant allegedly continued to object to, until the Public Defender
was replaced by defendant’s privately retained counsel. ¶ 55 In its appellate response, the State concedes that, at the detention hearing held on May
2, 2024, defendant’s case was continued “motion State” until May 23, 2024, and it is unclear
whether the continuance from May 23, 2024, to June 6, 2024, was by agreement. However, on
June 6, the Public Defender was reappointed to represent defendant, and from June 6 through
September 4, the continuances were agreed continuances. On September 4, the case was
continued because defendant’s counsel was not present. From September 6 through September
13, which is two days after the order appealed from, the case was continued by agreement. ¶ 56 Regarding this claim, and starting with the June 6 date, the trial court found: “You have
been represented by counsel each and every time that you were before this Court [sic] by
agreement. It’s gone by agreement but for the one motion defendant date that your lawyer was
not in court.” ¶ 57 Even accepting the State’s concessions regarding May 2 through June 6, 2024, we
cannot find 90-days’ worth of delay before the order appealed from; and, thus, we do not find
this argument persuasive. Defendant also argues that the trial court was required to find that
continued detention was necessary and that “[t]his was not done at all of Defendant’s
subsequent hearings.” Without any specifics or even an allegation as to which dates, this claim
is waived. Forthenberry, 2024 IL App (5th) 231002), ¶ 42 (if a memo is filed in a PFA appeal,
it must contain argument for each issue in order for that issue to be considered on appeal). ¶ 58 At the end of his appellate memo, defendant raises claims about the indictment and
claims that he will not receive a fair trial. These claims are not relevant to the PFA appeal
before us and are not considered.
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No. 1-24-1983B ¶ 59 CONCLUSION ¶ 60 For all the foregoing reasons, we do not find defendant’s appellate arguments
persuasive, and we affirm the trial court’s order denying defendant’s motion to reconsider his
pretrial detention. ¶ 61 Affirmed.
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