People v. Carter 

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 1-08-1671
Decision Date: 
Monday, November 1, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
LAMPKIN
Defendant was convicted, after jury trial, of indecent solicitation of a child. Jury was not properly instructed, in accordance with the then-effective version of Section 11-6 of the Code of Criminal Procedure, to find that Defendant acted with requisite intent; however, no plain error, as evidence of Defendant's intent, and that victim (age 13) was under age 17 at time of offense, was overwhelming. No ineffective assistance of counsel in failure to object to outdated jury instruction, or to improper statement during closing argument which vaguely suggested that witness had given prior statement to police, as Defendant was not prejudiced by either. (HOFFMAN and PATTI, concurring.)