Legal Opinion

People v. Gargani

Appellate Court of Illinois

Decided February 14, 2007No. 2-05-0478PublishedCited by 31 opinions

1Opinion of the CourtJustice Byrne

Defendant, Raymond B. Gargani, was tried in absentia without the benefit of counsel. A jury found him guilty of driving while his license was revoked (see 625 ILCS 5/6 — 303 (West 2004)), and the trial court sentenced him to a 364-day jail term. Defendant was not represented at any point in the proceedings until the court appointed counsel 31 days after he was sentenced.

Defendant appeals, arguing that he is entitled to a new trial because he was tried in absentia without counsel and without waiving his right to counsel. The State briefly objects to our appellate jurisdiction but ultimately…

2Cases cited18 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. People v. SmithIllinois Supreme Court · 1999
  3. People v. CunninghamIllinois Supreme Court · 2004
  4. Morris v. County of MarinCalifornia Supreme Court · 1977
  5. People v. FlowersIllinois Supreme Court · 2004

13 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. SmithIllinois Supreme Court · 2008
  2. People v. EppingerIllinois Supreme Court · 2013
  3. People v. BaileyIllinois Supreme Court · 2014
  4. People v. MinnitiAppellate Court of Illinois · 2007
  5. Wierzbicki v. GleasonAppellate Court of Illinois · 2009

26 more not listed; retrieve them via the Exa API.

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