Illinois Appellate Court
Criminal Court
Substitution of Judge
Defendant was convicted of aggravated battery for repeatedly punching 4-year-old boy in the stomach, causing bruising to an organ in his abdomen. Although court erred in granting State's noncompliant motion to substitute judge, which was untimely filed and did not allege judge was prejudiced, error was harmless as Defendant made no showing of prejudice. Court properly found child victim competent to testify; child's testimony did not establish that he was disqualified to be a witness under Section 115-14(b) of Code of Criminal Procedure.(McDADE, concurring; HOLDRIDGE, specially concurring.)