People v. Lewis

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2019 IL App (1st) 160864
Decision Date: 
Friday, March 29, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
MIKVA

(Modified upon denial of rehearing 5/6/19.) Defendant was convicted of aggravated discharge of a firearm. Court erred in allowing State to present the conclusions of one firearms identification expert through the testimony of another expert, who did not do the testing that led to those conclusions. Defense counsel failed to object. Testimony of officers and the uncontested physical evidence was not closely balanced, so that the introduction of expert's testimony did not prejudice him. Thus, ineffective assistance of counsel claim fails. (PIERCE and GRIFFIN, concurring.)