People v. Mcbrien

Defendant was charged by information with one count of aggravated battery, one count of criminal trespass to a residence, and two counts of unlawful use of weapons. These charges arose out of an incident where the defendant entered a vacant house, refused to come out at the request of police, sprayed an officer with mace, allegedly fired a gun, and was later found inside in possession of certain firearms. After a competency hearing held May 21, 1985, a jury found the defendant unfit to stand trial. The jury also found there was no substantial probability that the defendant would attain fitness within one year even if provided with a course of treatment. The defendant thereupon filed a motion for a discharge hearing as provided for under sections 104-23 and 104-25 of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1983, ch. 38, pars. 104-23, 104-25). The circuit court of Macoupin County, upon hearing the evidence at the July 10, 1985, hearing, acquitted defendant of two of the counts against him. However, because the court believed there existed sufficient grounds for finding the defendant guilty of the remaining two counts, it denied acquittal as to count I (aggravated battery) and count IV (unlawful use of weapons). Defendant was then remanded to the custody of the Department of Mental Health and Developmental Disabilities, with the treatment period set at 15 months. He appeals, contending that the trial court erred in not ordering acquittal of all four counts in the information.