People v. Afandi

Illinois Appellate Court
Criminal Court
Plain-Error Review
Citation
Case Number: 
2024 IL App (1st) 221282
Decision Date: 
Friday, August 23, 2024
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
HYMAN

Defendant was found guilty of four counts of aggravated criminal sexual assault and one count of aggravated kidnapping and was sentenced to 45 years in prison. On direct appeal, defendant argued that he was denied a fair trial due to the State’s prejudicial and inflammatory remarks during rebuttal argument. The appellate court, proceeding under plain-error review because counsel failed to object during trial, agreed with defendant and reversed and remanded. The appellate court explained that the prosecutor’s remarks regarding the defendant’s immigration status compromised the integrity of the trial and the only remedy was to reverse and remand for a new trial. (ODEN JOHNSON and C.A. WALKER, concurring)