People v. Guerrero

Defendant was convicted, after jury trial, of 3 counts of predatory criminal sexual assault of a child. Prosecutor misled jury during closing arguments as to victim’s testimony. State’s evidence did not establish element of penetration and thus was insufficient to sustain a conviction of predatory criminal sexual assault of a child. Thus, Defendant mad e substantial showing of a constitutional violation as to his appellate counsel’s failure to raise the issue on direct appeal. (JORGENSEN, specially concurring; HUTCHINSON, concurring in part and dissenting in part.)