People v. Garcia

Illinois Appellate Court
Criminal Court
Sexual Abuse
Citation
Case Number: 
2017 IL App (1st) 142141
Decision Date: 
Wednesday, March 22, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN

Defendant was convicted, after jury trial, of aggravated criminal sexual abuse of his 15-year-old niece, and sentenced to 20 years. Court failed to ask jurors whether they accepted that State must prove Defendant guilty beyond a reasonable doubt before conviction, but record does not indicate any prejudice. No error in court not excusing  juror who, after asking if she would have to stay all day for trial the next day, claimed she didn't feel comfortable with English, as defense counsel raised no objection as to her services, and juror answered individual questions responsively and appropriately. Hearsay statement was properly admitted as party admission, and jury could infer guilt from statement because it demonstrated his knowledge of lockbox containing incriminating evidence of sex offenses. No prejudice in court admitting evidence of Defendant's sexual abuse of victim's younger sister, as focus of trial remained on victim and evidence was tailored to fulfill its purpose. (PUCINSKI and COBBS, concurring.)