Defendant, age 23 at time of offense, was convicted, after jury trial, of aggravated criminal sexual assault with a firearm and aggravated kidnapping with a firearm and sentenced to 2 consecutive 22-year prison terms. Evidence was sufficient to support jury's finding that Defendant was armed with a firearm, as gun was visible, and within his reach, in back seat of car while he assaulted victim in front seat. Admission of Defendant's prior conviction for aggravated unlawful use of a weapon (AUUW) for impeachment purposes was harmless error. No ineffective assistance of counsel, as evidence against Defendant was overwhelming. Sentence was not excessive, and as Defendant waived his right to remain silent, court could properly consider his failure to express remorse at sentencing. (LAVIN and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault