Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after jury trial, of aggravated criminal sexual assault and kidnapping. Defendant claimed ineffective assistance of trial counsel because counsel did not request jury instruction that consent was a defense; and because counsel did not object to police officer's hearsay testimony as to what the victim told her. The jury did not need the consent instruction to find the Defendant not guilty, as the State sufficiently proved each element, and if the jury believed the Defendant's account of consent, then the State would have failed to prove the element of force by a firearm. Court's prompt admonishment to jury that they disregard the officer's testimony as to what the victim told her, and striking of testimony, and instructing jury prior to deliberations to disregard all stricken testimony, was sufficient to cure the error. (CAHILL and J. GORDON, concurring.)