People v. Tilson

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Following a bench trial, the defendant Joseph Tilson was convicted of robbery and sentenced to a five year term of imprisonment. He appeals, contending that he was denied due process of law when the trial judge failed, sua sponte, to hold a hearing to determine his fitness to stand trial and to be sentenced.

Neither the defendant nor the State made a request for a fitness hearing at any time. However, as the defendant claims, because of the fundamental constitutional nature of the fitness requirement, the trial court has a duty to…