Defendant was convicted, after bench trial, of sexual offenses against 14-year-old girl whom he coached on elementary school track team. Court incorrectly told Defendant that he had to provide a written motion containing his claims of ineffective assistance of counsel. Court elicited details about Defendant's claims during numerous exchanges, and considered substance of his argument, and made legally sufficient inquiry into claims. Defendant admitted to all forms of sexual contact, as testified to at trial by detective, and along with evidence of texts between Defendant and victim, are persuasive evidence that counsel's failure to present records to attempt to show Defendant's whereabouts on certain dates would not have changed outcome of trial. (HYMAN and MASON, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel