People v. Marcos

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2013 IL App (1st) 111040
Decision Date: 
Friday, August 16, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
GORDON
Defendant was convicted, after jury trial, of predatory criminal sexual assault against 8-year-old daughter of his girlfriend. Court erred by failing to instruct jury with IPI 11.66, which is required whenever court admits into evidence a child's sexual-assault outcry statements. As evidence was not closely balanced, error does not rise to level of plain error, and counsel was not constitutionally ineffective for failing to raise it. (LAMPKIN and REYES, concurring.)