Defendant was convicted, after jury trial, of 2 counts of criminal sexual assault and and aggravated criminal sexual abuse (2 counts each as to 2 minor victims), for offenses against 2 13-year-old girls in 2012. Court merged aggravated criminal sexual abuse counts against each victim 2 criminal sexual assault counts against each victim. The 2015 charges relating to one victim were separate and independent acts from the 2013 charges and thus are not subject to the compulsory joinder rule. Thus, no ineffective assistance of counsel in failing to file motion to dismiss the 2015 charges because counsel did not have a lawful basis to raise a speedy-trial objection. Court's finding that State's explanations for excluding 3 potential jurors were gender neutral was not clearly erroneous. Youth is a legitimate neutral reason for excluding a juror. Court did not abuse its discretion during pretrial proceedings when it allowed defense counsel to continue representing Defendant while court determined whether there was a conflict that Defendant could waive. (MASON and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Abuse