Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted of residential burglary. Defense counsel failed to move to bar testimony of detective and victims identifying stolen property. Defendant argued that police failed to comply with Section 115-9(b) of Code of Criminal Procedure. That section is limited to admission of photographic evidence in place of physical evidence. Thus, Defendant cannot establish prejudice from defense counsel's failure, as motion to bar evidence based on section 115-9(b) violation would not have been granted.(CARTER and SCHMIDT, concurring.)