The court instructed the jury on the insanity defense, but the jury found defendant guilty. The court denied defendant's post- trial motion and sentenced him to three years' imprisonment. Defendant filed a timely notice of appeal. Defendant first contends that the court should have sua sponte ordered a fitness hearing because the record reveals that defendant was taking psychotropic medication at the time of trial. The State responds that defendant had a fitness hearing and is not entitled to another.
Due process prohibits the prosecution of a defendant who is unfit to stand trial.
A defendant is considered unfit if, because of a mental or physical condition, he is unable to understand the nature and purpose of the proceedings or to assist in his defense. The circuit court has a duty to order a fitness hearing whenever a bona fide doubt exists of a defendant's ability to understand the charges and participate in his defense. In a line of recent cases beginning with Brandon, the supreme court has held that a trial court must order a fitness hearing when it receives information that a defendant is taking psychotropic medication, even if defendant does not request one. If the record does not fully disclose the circumstances of defendant's use of psychotropic drugs, the remedy is a partial remand for the taking of evidence on this question. 168 Ill. 2d at 415.