People v. Dupree

The ultimate issue we reach in this case is this: may a defendant tried in absentia obtain a review of his conviction and sentence under section 115—4.1(g) of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/115—4.1(g) (West 2000)) even though he has failed to establish that his absence from trial was without fault and due to circumstances beyond his control? We conclude the answer may be “yes,” but only if the record on appeal establishes that the trial conducted in the defendant’s absence violated principles of fundamental fairness and due process under the cause and prejudice…