People v. Olla

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2018 IL App (2d) 160118
Decision Date: 
Thursday, October 4, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
BIRKETT

Defendant was convicted of one count of predatory criminal sexual assault of a child (his stepdaughter, age 13) and 4 counts of aggravated criminal sexual abuse. Court did not plainly err when it failed to inquire whether jurors understood the Rule 431(b) principles for jury instruction. State did not impermissibly shift or lessen the burden of proof during closing argument. Inconsistencies in victim's testimony was likely due to her young age and the time that passed between events and trial, and there was some corroboration of her allegations. State's comment that it welcomed the standard of burden of proof and that it was routinely used was permissible.(McLAREN and BURKE, concurring.)