People v. Jackson

Illinois Appellate Court
Criminal Court
Jury Instruction
Citation
Case Number: 
2012 IL App (1st) 092833
Decision Date: 
Friday, June 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
CUNNINGHAM
Defendant was convicted, after jury trial, of predatory criminal sexual assault of his girlfriend's niece. As court properly instructed jury on correct definition of "penetration", and as evidence was not closely balanced, State's improper description of definition were not plain error. Victim's age (8) and developmental disability were relevant to issues at trial. Age was a component of offense, and disability was relevant to ability to testify and communicate in court; thus, no error in referencing them in closing argument. (QUINN and CONNORS, concurring.)