People v. Naylor

Justices Fitzgerald, Kilbride and Burke concurred in the judgment and opinion.

Chief Justice Thomas dissented, with opinion, joined by Justices Garman and Karmeier.

OPINION

Following a bench trial in the circuit court of Cook County, defendant, John Naylor, was convicted of several offenses relating to the sale of heroin. Finding a violation of People v. Montgomery, 47 Ill. 2d 510 (1971), the appellate court reversed defendant’s convictions and remanded the cause for a new trial. 372 Ill. App. 3d 1. We allowed the State’s petition for leave to appeal (210 Ill. 2d R. 315(a)) and now affirm the…