{
  "id": 5627046,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ERNEST P. FENDERSON, Defendant-Appellant",
  "name_abbreviation": "People v. Fenderson",
  "decision_date": "1978-03-10",
  "docket_number": "No. 14495",
  "first_page": "48",
  "last_page": "49",
  "citations": [
    {
      "type": "official",
      "cite": "58 Ill. App. 3d 48"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 190,
    "char_count": 2336,
    "ocr_confidence": 0.908,
    "sha256": "385e31a065f5cb5c91ae43752c33ba278e7ef78225de11e93559fd7c1dae1f29",
    "simhash": "1:8a09ab57e9e920b7",
    "word_count": 391
  },
  "last_updated": "2023-07-14T18:22:59.686785+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ERNEST P. FENDERSON, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE REARDON\ndelivered the opinion of the court:\nIn accordance with the provisions of sections 5\u20142\u20141 and 5\u20142\u20142 of the Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, pars. 1005\u20142\u20141, 1005\u20142\u20142), the defendant was, on June 9, 1977, found unfit to stand trial on an aggravated battery charge, an alleged violation of section 12\u20144 of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 12\u20144). The court remanded defendant to the Department of Mental Health and Developmental Disabilities for a determination of his need for mental treatment or hospitalization and he was released from the hospital but remanded to the custody of the Macon County Sheriff. Rohidas D. Patil, M.D., was directed to examine the defendant and report on his fitness to stand trial. Inexplicably, the Department of Mental Health and Developmental Disabilities requested leave to file the petition mandated by section 5\u20142\u20142(a), a petition to release the defendant on bail or recognizance, but such leave was denied by the court. The court held that its order remanding defendant to the sheriff\u2019s custody and directing an examination for fitness to stand trial were final and appealable. An appeal bond was then set in the amount of *1,500.\nSupreme Court Rule 604(e) (58 Ill. 2d R. 604(e)) provides that a defendant or the State may appeal an order holding the defendant unfit to stand trial. In the instant case, however, neither party appealed the June 9, 1977, unfitness order. Rather, defendant has appealed a purely interlocutory order directing his examination for fitness. Sections 5 \u2014 2\u20141 and 5 \u2014 2\u20142 apparently provide that a defendant may be found unfit to stand trial and still not be in need of treatment or hospitalization. Unless an appeal is taken from a finding of unfitness or from another final appealable order, this court is without jurisdiction of the cause.\nAppeal dismissed.\nMILLS and TRAPP, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE REARDON"
      }
    ],
    "attorneys": [
      "Richard J. Wilson and Donald T. McDougall, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "Patrick M. Walsh, State\u2019s Attorney, of Decatur (Donald R. Parkinson, Assistant State\u2019s Attorney, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ERNEST P. FENDERSON, Defendant-Appellant.\nFourth District\nNo. 14495\nOpinion filed March 10, 1978.\nRichard J. Wilson and Donald T. McDougall, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nPatrick M. Walsh, State\u2019s Attorney, of Decatur (Donald R. Parkinson, Assistant State\u2019s Attorney, of counsel), for the People."
  },
  "file_name": "0048-01",
  "first_page_order": 70,
  "last_page_order": 71
}