(Court opinion corrected 5/13/21.) Defendant, then age 47, was convicted, after bench trial, of predatory criminal sexual assault of a child (age 4) and sentenced to natural life imprisonment because it was his 2nd conviction of that offense (victim was age 8 or 9) . Court properly barred lay opinion testimony of victim's mother on credibility of victim's accusation against Defendant that she was being coached by her sister to say that Defendant also abused another child. Victim's mother has not been qualified as an expert under Rule 702 and this testimony would be an improper attempt to attack victim's credibility. Severity of crime brings mandatory life sentence within established constitutional boundaries. Section 11-1.40(b)(2) of the Criminal Code is not facially unconstitutional. (LAMPKIN and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault