People v. Lavold

JUSTICE GORDON,

specially concurring:

I fully concur with the well-reasoned decision of the majority, but my concurrence is a reluctant one with respect to the issues raised by the State’s delay of almost three years in proceeding with the hearing required under section 104 — 25(g)(2) of the Code of Criminal Procedure. 725 ILCS 5/104 — 25(g)(2) (West 1992).

Notwithstanding the "not not guilty” finding in 1984 under section 104N25(a), defendant’s ultimate guilt on the substantive criminal charges has not been determined. (See People v. Rink (1983), 97 Ill. 2d 533, 543, 455 N.E.2d 64 ("[t]he…