People v. Currie

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2023 IL App (2d) 220114
Decision Date: 
Friday, August 25, 2023
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed in part and vacated in part.
Justice: 
SCHOSTOK

Defendant was convicted of two counts of predatory criminal sexual assault of a child and was sentenced to a total of 14 years in prison. On direct appeal, he argued that he was not proven guilty beyond a reasonable doubt, that trial counsel was ineffective for failing to object to the late disclosure of an expert opinion, that one of his convictions must be vacated for violating one-act, one-crime principles, and that his sentence violated the proportionate penalties clause. The appellate court reversed defendant’s conviction on one count, finding that the evidence was not sufficient to sustain his conviction, and vacated the remaining conviction and remanded for a new trial on the basis that he was denied the effective assistance of counsel. (McLAREN and JORGENSEN, concurring)