People v. Boots

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2022 IL App (2d) 2000640
Decision Date: 
Friday, April 29, 2022
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed and remanded.
Justice: 
SCHOSTOK

Defendant was convicted of predatory criminal sexual assault of a child and sentenced to 11 years’ imprisonment. Defendant appealed arguing she was denied effective assistance of counsel, her sentence was excessive, and the restitution order was erroneous. Defendant argued she was denied the effective assistance of counsel because her trial attorney did not subject the evidence against her to a meaningful adversarial hearing by conceding defendant’s guilt during opening statements. The appellate court affirmed finding trial counsel did not concede defendant’s guilt and that the sentence was not excessive, but remanded for the limited purpose of allowing the trial court to set time limit and terms for payment of restitution. (BRIDGES and ZENOFF, concurring)