Illinois Appellate Court
Criminal Court
Closing Argument
Defendant was convicted, after jury trial, of sexually assaulting his daughter, age 14. HIV exposure alone during criminal sexual assault is not enough to raise offense to aggravated criminal sexual assault, but evidence was sufficient to prove criminal sexual assault, and thus remanded for resentencing as to lesser included offense. Comments made by prosecutor in closing argument, viewed in context, are not inflammatory or a flagrant threat to judicial process, and were comments on evidence presented and reasonable inferences drawn therefrom. (KARNEZIS and HARRIS, concurring.)