People v. Cox

I must respectfully dissent from the majority’s opinion in this case. I would reverse the trial court’s judgment and remand the cause with directions.

First, in response to the State’s argument that defendant has waived this issue on appeal, I agree with the majority that it is necessary to determine whether any due process deprivations have occurred which affect the substantial rights of the defendant and merit invocation of the plain error doctrine. In this regard, I likewise have reviewed the record. However, my examination of the record leads me to resolve that the defendant here was…