People v. Smith

(Court opinion corrected 6/22/16.)Defendant physician was convicted, after jury trial, of 2 counts of criminal sexual assault of female patient, who was 8 months pregnant, during gynecological examination; Defendant was sentenced to 2 consecutive terms of 11 and 7 years. Victim reported assault to police a few weeks afterward, but State did not charge Defendant until 8 years later. State timely filed charges, as statute allows 10 year period to prosecute if victim reported offense to police within 2 years. Jury found that Defendant's conduct was a sexual assault for which victim did not give knowing consent. No conflict of interest existed as to Assistant Public Defendant appointed to represent Defendant, and her refusal to pursue unmeritorious claims does not establish incompetent or unwilling representation. (MASON and FITZGERALD SMITH, concurring.)