Defendant was convicted, after jury trial, of 3 counts of aggravated criminal sexual assault (ACSA). Court did not err in dismissing Defendant’s postconviction petition where he failed to make a substantial showing of a constitutional violation of ineffective assistance of trial counsel. Evidence uncontrovertibly showed sexual contact, however slight, and would not permit a jury to reasonably acquit defendant of the greater ACSA offense. No error in counsel failing to request jury instruction on lesser offense of attempted ACSA. Defendant’s handling of his postconviction proceedings shows his waiver of counsel, though reluctantly made based on counsel’s conclusion about his petition, was voluntary and knowing. His pro se filings and oral argument showed his legal sophistication and that he knowingly wished to represent himself.(FITZGERALD SMITH and COBBS, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel