Defendant was convicted in 1995, after jury trial, of criminal sexual assault of his minor stepdaughter and sentenced, as a habitual offender, to natural life in prison. Defendant had been convicted in 1987 of aggravated criminal sexual assault of the same victim, then age 7. The presentence investigative report (PSI) indicated that Defendant had a juvenile adjudication, at age 17, for criminal sexual assault, and convictions in 1982 for deviate sexual assault and indecent liberties with a child, and a 1988 conviction for aggravated criminal sexual assault. As there was substantial precedent, at the time of Defendant's 1995 sentencing, that deviate sexual assault was a predicate offense for habitual offender status, trial counsel's performance was not objectively unreasonable assistance in failing to object that it was not a predicate offense for habitual offender status. (LAMPKIN and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing