People v. Smith

Defendant was convicted, after jury trial, of 2 counts of aggravated criminal sexual assault. Aggravating factor was that Defendant displayed a knife during commission of the assaults. State was not required to prove that Defendant was displaying knife at all times during assaults. Evidence was more than sufficient to support the convictions. No error in court failing to sua sponte instruct the jury on the lesser-included offense of criminal sexual assault, as Defendant himself made the decision not to seek that instruction in lengthy discussion with trial judge. (HOWSE and COBBS, concurring.)