November 2, 2007
THE PEOPLE OF THE STATE OF
Appeal from the Circuit
Court of Cook County.
No. 04 C6 60827
Christopher J. Donnelly,
JUSTICE O'MALLEY delivered the opinion of the court:
Following a jury trial, defendant James Peden was convicted
of residential burglary and sentenced to 10 years' imprisonment.
On appeal, defendant contends that (1) the trial court violated
his sixth amendment right to counsel by interfering with his
attorney-client relationship during trial, and (2) the State
violated his fifth amendment right not to testify during closing
arguments. In addition, defendant challenges his 10-year prison
sentence and the constitutionality of section 40-5(7) of the
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
301/40-5(7) (West 2004)), which pertains to eligibility for
participation in Treatment Alternatives for Criminal Justice
Clients (TASC). For the following reasons, we reverse and remand
for a new trial.
Defendant was indicted on a single count of residential
burglary, which alleged that on April 20, 2004, he knowingly and