People v. Davenport

Pursuant to a pretrial motion by defendant Eddie Davenport in November 1977, the trial court ordered a fitness hearing and Davenport was found fit to stand trial. He was reexamined and again found fit to stand trial in April 1978. Davenport then failed to appear in court because he was hospitalized for a total of 48 days during October, November and December of 1978. At trial in September 1979, Davenport’s attorney made a motion for a fitness hearing; the motion was denied. Davenport was found guilty of rape and sentenced to 8 to 16 years’ imprisonment. Defendant appeals.

We reverse and remand…