People v. Hanson

In this case, the primary issue we are asked to decide is whether the grant of a defense motion for a psychological examination, without more, creates a sufficient inference that the trial court found bona fide doubt of defendant’s fitness to stand trial to require a remand for a retrospective fitness hearing. We hold that it does not.

BACKGROUND

In 2001, defendant Robert Hanson was indicted on charges of aggravated battery (720 ILCS 5/12 — 4(b)(6) (West 2000)) and resisting a peace officer (720 ILCS 5/31 — 1(a) (West 2000)). Defense counsel filed a written pretrial motion, citing section 104 —…