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PEOPLE v. DAVENPORT

No. 79-2125.

92 Ill. App.3d 244 (1980)

416 N.E.2d 17

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDDIE C. DAVENPORT, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed December 29, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Ina S. Marks and Frances Sowa, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Pamela L. Gray, and Gail McCaughey-O'Brien, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Pursuant to a pretrial motion by defendant Eddie Davenport in November 1977, the trial court ordered a fitness hearing and Davenport was found fit to stand trial. He was reexamined and again found fit to stand trial in April 1978. Davenport then failed to appear in court because he was hospitalized for a total of 48 days during October, November and December of 1978. At trial in...

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