People v. Reveles-Cordova

Defendant was convicted, after jury trial, of criminal sexual assault and home invasion. Court erred in failing to properly instruct jury as to Zehr principles, but evidence was not closely balanced, and thus no plain error. As counsel did not promise the jury a consent defense, he cannot be ineffective for failing to raise issue of impeachment sooner. Defendant failed to show that his counsel's actions were objectively unreasonable, and thus no ineffective assistance of counsel. Remanded as court failed to make any inquiry into Defendant's subsequent claims of ineffective assistance. As it is possible to commit home invasion without committing criminal sexual assault, the convictions did not merge. Thus, convictions for both offenses may stand. (CARTER and O'BRIEN, concurring.)