Defendant was convicted, after bench trial, of aggravated kidnapping with a firearm, 2 counts of aggravated criminal sexual assault with a firearm, attempted aggravated criminal sexual assault with a firearm, and armed violence. Court sentenced Defendant to a total of 52 years.Evidence of Defendant's guilt was overwhelming. Defendant's testimony about damaging evidence at trial was inherently implausible, and he acknowledged lying to the police about the incident. Defendant failed to meet his initial burden to show that the State's witnesses provided false testimony at trial and that the prosecution knowingly failed to correct that false testimony. Court's conclusion that there was no due process violation was not against manifest weight of evidence. Defendant failed to establish prejudice, and thus no ineffective assistance of counsel. Evidence was sufficient to support armed-violence conviction predicated on his possession of a converted motor vehicle, as the "converted" element of the State's theory was satisfied. (BIRKETT and BRENNAN, concurring.)
Illinois Appellate Court
Criminal Court
Armed Violence