People v. Lane
951 N.E.2d 1279
Ill. App. Ct.2011Background
- Lane was tried in absentia for predatory criminal sexual assault and aggravated criminal sexual abuse; jury found him guilty and he was sentenced to 30 years' imprisonment.
- Lane challenged the trial in absentia, the jury instructions under Rule 431(b), and the sufficiency of the evidence.
- Appellate court previously reversed, finding error in trying Lane in absentia; supreme court ordered reconsideration in light of Phillips.
- The trial court did not admonish Lane under 725 ILCS 5/113-4(e) at relevant times according to the record.
- Evidence included S.M.’s trial testimony and recorded interviews; the defense argued it was insufficient on remand.
- On remand, the court reversed and remanded for a new trial; the appellate court also addressed revestment and timely postjudgment motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial in absentia violated 113-4(e). | Lane failed to receive proper admonishments. | Trial in absentia complied with procedure. | Trial in absentia improper; remand for new trial. |
| Whether revestment doctrine gave the trial court jurisdiction to hear the untimely postjudgment motion. | No revestment; untimely motion remained void. | State revested jurisdiction by participating in proceedings. | Revestment occurred; appellate court retained jurisdiction. |
| Whether there was sufficient evidence to support predatory criminal sexual assault on remand. | Evidence insufficient on remand. | Evidence sufficient to prove guilt beyond a reasonable doubt. | Evidence sufficient; conviction supported on remand. |
Key Cases Cited
- People v. Phillips, 242 Ill.2d 189 (2011) (admonitions required; trial in absentia reversal when not provided)
- People v. Gargani, 371 Ill.App.3d 729 (2007) (revestment of jurisdiction after untimely postjudgment motion)
- People v. Garner, 147 Ill.2d 467 (1992) (purpose and timing of admonitions at arraignment)
- People v. Martinez, 361 Ill.App.3d 424 (2005) (record control when conflict between report and common-law record)
- People v. Minniti, 373 Ill.App.3d 55 (2007) (revestment doctrine defined)