People v. Garza

Defendant, Cesar Garza, appeals from his conviction of delivery of a controlled substance (Ill. Rev. Stat. 1985, ch. 56V2, par. 1401(b)(2)). The sole issue on appeal is whether evidence of defendant’s absence from trial was improperly commented on by the prosecutor.

On January 31, 1986, defendant was arrested at the Highlake Tap for allegedly delivering cocaine to an undercover police officer. In March 1986, defendant was indicted on three counts of delivery of a controlled substance. Count III was severed from counts I and II. On November 19, 1986, defendant was convicted of count II and…