Defendant was found guilty of three counts of predatory sexual assault of a child and sentenced to three terms of 10 years to be served consecutively. Defendant appealed, challenging the sufficiency as to count II and arguing that an interview of the victim should not have been admitted in evidence pursuant to section 115-10 of the Code of Criminal Procedure. Defendant also argued that the trial court improperly relied on its personal knowledge and evidence outside of the record. The State conceded that the evidence pertaining to count II was not sufficient to sustain a conviction for predatory criminal sexual assault of a child, reduced the conviction on count II to aggravated criminal sexual abuse, and remanded for resentencing. The appellate court affirmed the remaining judgment. (CAVANAGH and STEIGMANN, concurring)
Illinois Appellate Court
Criminal Court
Sufficiency of the Evidence