People v. Kinkead

Because the majority opinion seriously misconstrues both the law and the facts in this case in a variety of ways, I respectfully dissent.

At the time of this court’s first opinion in this case, the statute regarding a criminal defendant’s use of psychotropic medication provided as follows:

“A defendant who is receiving psychotropic drugs or other medications under medical direction is entitled to a hearing on the issue of his fitness while under medication.” 725 ILCS 5/104 — 21(a) (West 1994).

The statute was amended effective December 31, 1996, and now provides:

“A defendant who is receiving…