People v. Lee

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2016 IL App (1st) 152425
Decision Date: 
Thursday, June 30, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON

(Court opinion corrected 7/18/16.) Defendant was convicted, after bench trial, of 5 counts of aggravated criminal sexual assault and 1 count of aggravated kidnapping, and sentenced to total 100 years. Court properly dismissed Defendant's successive postconviction petition at 2nd stage. There was no reasonable probability that, but for counsel's allegedly unprofessional errors, the result of the proceeding would have been different. After considering Defendant's affidavit, and assuming that all affiants would testify in accord with affidavits and would all be found credible, defendant did not suffer prejudice from his trial counsel's alleged failure to call these affiants at trial.  (REYES and LAMPKIN, concurring.)