People v. Janosek

Defendant was convicted, after bench trial, of aggravated assault and resisting a peace officer and sentenced to 1 year of conditional discharge with fines and fees. Trial counsel was not ineffective for failing to file a motion to dismiss charge of aggravated assault. The statute cited in the complaint apprised the defense of the other elements of the offense charged, despite their not being mentioned in the complaint. Had trial counsel filed such a pretrial motion and it succeeded, State could have refiled the charge with any flaws remedied. Thus, Defendant was not prejudiced. A reasonable trier of fact could find Defendant guilty of both charges. (PIERCE and ODEN JOHNSON, concurring.)