This case presents question as to whether defendant was entitled to reversal of his convictions for predatory criminal sexual assault due to defect in his indictment, where indictment alleged that period in which alleged acts took place included time prior to effective date of statute that created charged offense. Appellate Court found that while relevant counts in indictment were legally defective, it further noted that instant argument was raised for first time on appeal. Moreover, it held that defendant was not entitled to reversal of his convictions, since: (1) indictment apprised defendant of precise offense with enough specificity so as to allow him to prepare defense; and (2) allegations in indictment, along with record of proceedings, were sufficient to allow defendant to plead judgment to bar any subsequent prosecution for same conduct.
Illinois Supreme Court PLAs
Criminal Court
Predatory Criminal Sexual Assault