Illinois Appellate Court
Criminal Court
Evidence
Defendant was convicted, after jury trial, of aggravated criminal sexual assault, and sentenced to natural life in prison. State proved that Defendant acted in a manner to threaten or endanger life; Defendant attacked victim from behind as she was unlocking the door to her building, and used threat of a weapon to force victim to comply. Facts of Defendant's 1994 sexual assault of a different victim are sufficiently similar to be admissible and probative toward propensity to commit sex crimes, both attacks having occurred after midnight, when the victims were alone and were unlocking their car or building. No prejudice to Defendant by defense counsel's promise in opening statement that Defendant would testify about what really happened, where Defendant did not testify, on advice of his counsel; evidence against Defendant was overwhelming, and had Defendant testified at trial, it would have conflicted with victim's testimony and his own confession to detective. (R.E. GORDON, concurring; GARCIA, specially concurring.)