Defendant was found guilty of aggravated domestic battery and argued on appeal that admission of hearsay statements at trial violated his right to confrontation, that the trial court erred in not conducting a preliminary inquiry into his pro se claim of ineffective assistance of counsel, and that his 16-year sentence was excessive. The appellate court affirmed finding the out-of-court statements were not testimonial because they either were in response to questions intended to resolve an ongoing emergency or that defendant had waived objection under the doctrine of invited error. The court further found that the trial court’s failure to inquire into defendant’s claims of ineffective assistance of counsel was harmless error and that the trial court did not abuse its discretion in sentencing the defendant. (HUDSON and BIRKETT, concurring)
Illinois Appellate Court
Criminal Court
Evidence; Krankel; Sentencing