People v. Cox

Illinois Appellate Court
Criminal Court
Confrontation
Citation
Case Number: 
2017 IL App (1st) 151536
Decision Date: 
Thursday, September 21, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of aggravated unlawful use of a weapon, based on his failure to possess a FOID card, and was sentenced to 24 months probation. Court admitted a “Certification” from a state employee, which stated that a search of State’s records revealed that Defendant did not possess a FOID card.Because Defendant affirmatively stated that he had no objection to admission of “Certification”, no 6th amendment (right to confront witnesses) error by court in admitting it. No ineffective assistance of counsel in defense counsel’s decision not to object to “Certification”, as it was a matter of trial strategy. Any alleged error as to admission of “Certification” was invited by Defendant’s own trial tactics, as defense counsel repeatedly stated Defendant had no objection to its admission. (McBRIDE and ELLIS, concurring.)