People v. Phillips
242 Ill. 2d 189
| Ill. | 2011Background
- Phillips was indicted for attempted first degree murder, armed violence, and three counts of aggravated battery.
- He posted bond on May 3, 2001; back of the bail bond slip warned that failure to appear could lead to trial in absentia.
- No record shows 113-4(e) admonishment given to Phillips at arraignment or subsequent dates.
- Trial proceeded; Phillips was convicted of armed violence and aggravated battery, but not guilty of attempted murder; he was sentenced in absentia for the crimes.
- Appellate Court vacated the sentence and remanded for a new sentencing hearing due to lack of 113-4(e) admonishment; Supreme Court granted the State’s petition to review the bond-slip issue.
- The State located Phillips’s original bail bond slip, which included a warning on the back about trial in absentia and the front‑page defendant acknowledgment; this prompted the consolidated appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether signing the bail bond slip waives 113-4(e) admonishment | Phillips | Phillips | No; bond slip cannot waive the statutory admonishment. |
| Whether the bond slip’s notice suffices under 113-4(e) | State | Phillips | Written notice on bond slip does not satisfy mandatory in‑court admonishment. |
| Whether the admonishment must be oral in court | State | Phillips | Yes; court must admonish in open court to validly trigger waiver. |
| Whether substantial compliance applies | State | Phillips | Not applicable; nonadmonished in court yields reversible error. |
| Impact of prior cases on appellate remedy | State | Phillips | Garner and Lester control; bond-slip alone cannot substitute for in‑court admonishment. |
Key Cases Cited
- People v. Garner, 147 Ill.2d 467 (1992) (admonishments must be in court; bond slips insufficient for waiver under 113-4(e))
- People v. Partee, 125 Ill.2d 24 (1988) (admonishment is a prophylactic measure balancing rights and efficiency)
- People v. Lester, 165 Ill.App.3d 1056 (1988) (bond slips cannot substitute for in‑court admonishment)
- People v. Green, 190 Ill.App.3d 271 (1989) (written admonishment on bond slip not sufficient)
- People v. Condon, 272 Ill.App.3d 437 (1995) (in‑court admonishment required; written form insufficient respect to 113-4(e))
- People v. Patrick, 233 Ill.2d 62 (2009) (sentencing issue connected to bond slip; remand for reexamination in light of 113-4(e))