(Court opinion corrected 1/12/18.) Defendant was convicted, after jury trial, of 5 counts of home invasion, 2 counts of armed robbery, and 1 count of aggravated criminal sexual assault. Mittimus should be corrected to reflect court’s oral pronouncement that home-invasion convictions should be merged together and that the armed-robbery convictions should be merged together. Defendant is eligible to receive day-for-day good-tie credit on his home-invasion sentence. IPI Criminal Jury Instruction No. 3.06-3.07 applies to a defendant’s self-incriminating statements relating to the charged offense. Court erred in giving that instruction in this case; no self-incriminating statements by Defendant were put before jury, but error was forfeited and was harmless, and did not prejudice Defendant. No ineffective assistance of counsel, as court conducted sufficient Krankel inquiry as to Defendant’s claim as to his counsel’s refusal to allow him to testify, and as to his objecting to counsel’s choice of defense theory. (BURKE and GORDON, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions