People v. Fuller

Defendant was convicted of home invasion and criminal sexual assault. Criminal sexual assault is not a lesser included offense of home invasion. Circuit court had continuous jurisdiction over case as it had not ruled on Defendant's timely filed postsentencing motion. Thus, circuit court was required to strike notice of appeal and hear Defendant's motion to reconsider sentence. Circuit court should conduct the required preliminary examination into the factual basis of defendant's pro se claims of ineffective assistance of trial counsel and determine whether new counsel is needed. (WRIGHT, concurring; McDADE, specially concurring.)