People v. Kennebrew

This case presents question as to whether Appellate Court properly found that evidence was sufficient to find defendant guilty of uncharged, lesser-included offense of aggravated criminal sexual abuse in case charging defendant with predatory criminal sexual assault where Appellate Court had initially found that State had failed to prove defendant's guilt on predatory criminal sexual assault charge, and where Ill. Supreme Court had issued supervisory order instructing Appellate Court to consider whether evidence was sufficient to find defendant guilty of aggravated criminal sexual abuse. In his petition for leave to appeal, defendant argued that his conviction on charge of predatory criminal sexual assault should have been vacated outright since aggravated criminal sexual abuse charge is not lesser-included offense with respect to charge of predatory criminal assault under abstract elements test, and since State waived any request for lesser-included offense treatment that was made for first time in State's prior petition for leave to appeal where it had failed to request said treatment during instant trial.