Defendant appealed from his conviction for one count of aggravated domestic battery and two counts of aggravated battery. Defendant argued on appeal that his convictions on counts two and three should be vacated because the State violated his right to a speedy trial when it filed those charges more than 120 days after he was placed in custody, that one of the jurors was unqualified to serve, and that the trial court erred in ordering restitution. The appellate court found that defendant’s trial counsel should have raised the issue of a speedy trial violation and reversed the aggravated battery convictions. The appellate court further concluded that it was not plain error when the trial court allowed an individual to serve on the jury who as on felony probation at the time of the trial and that the trial court erred when it ordered restitution because the State did not provide any evidence justifying the imposition of restitution. (STEIGMANN and KNECHT, concurring)
Illinois Appellate Court
Criminal Court
Effective Assistance of Counsel