Defendant was found guilty of home invasion, attempted criminal sexual assault, robbery, and unlawful restraint and was sentenced to concurrent sentences of 11 years for home invasion and seven years each for the remaining charges. Defendant appealed and argued that his Fifth Amendment rights were violated because the evidence at trial and jury instructions constructively amended the indictment, and he was denied his constitutional right to cross-examine the complainant and present his theory of defense. The appellate court affirmed, finding that there was not a “fatal” variance between the indictment, evidence presented at trial, and the jury instructions where the indictment for home invasion omitted reference to the statutory language “remains in the dwelling place.” The court further found that defendant’s request to present evidence that the victim was previously sexually assaulted was properly excluded under the rape shield statute. (MIKVA, concurring and PIERCE, dissenting, with opinion.)
Illinois Appellate Court
Criminal Court
Evidence