People v. Mallek

Defendant Robert Mallek was convicted of retail theft (720 ILCS 5/16A — 3(a) (West 2002)) and was sentenced to an extended term of six years’ imprisonment. On appeal the defendant contends that: (1) the trial court erred in failing to hold a fitness hearing; (2) he was deprived of a fair trial when the State elicited evidence of his postarrest silence; and (3) the trial court erred in failing to consider the jury’s request for transcripts of the trial testimony. We affirm.

Fitness Hearing

On April 29, 2002, defendant’s appointed counsel, Assistant Public Defender Hugh Toner, filed a motion for…