People v. Lara 

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 1-09-1326
Decision Date: 
Thursday, March 31, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed and remanded with directions.
Justice: 
NEVILLE
Defendant, age 19 at time of incident, was convicted, after jury trial, of two counts of predatory criminal sexual assault of eight-year-old child. State failed to prove the corpus delicti of the offense, because the State failed to present any evidence corroborating Defendant's out-of-court confession of act. Thus, apart from confession, State's evidence supported a finding only of lesser-included offense of aggravated criminal sexual abuse. No plain error in court not giving instruction mandated by Section 115-10(c) of Code of Criminal Procedure. Court gave pattern instruction on credibility of witnesses, and there was no serious risk that the jurors misunderstood the applicable law in a way that severely threated fairness of trial.(STEELE, concurring; MURPHY, specially concurring.)