People v. McNeal 

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
No. 1-08-2264
Decision Date: 
Thursday, September 30, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
McBRIDE
(Modified opinion filed 11/24/10.) Defendant was convicted of aggravated criminal sexual assault and home invasion, and armed robbery, and sentenced to a total of 80 years imprisonment. No plain error in jury instruction as to elements of sexual assault; Defendant admitted forcing victim, while he wielded a knife, and error was not so fundamental to have severely threatened fairness of trial. Evidence was sufficient to establish home invasion, when Defendant held a knife to victim's throat while she was locking her apartment door and forced her into the apartment. (GARCIA, concurring; R.E. GORDON, dissenting in part.)