People v. Filipiak

Defendant appealed from his convictions for predatory criminal sexual assault of a child against two victims. On appeal, defendant argued that his conviction against one of the victims must be reversed because he was denied his right to a unanimous verdict when the jury instructions and verdict forms failed to differentiate between two counts that related to the same victim The appellate court reversed in part and vacated in part, finding that the failure of the verdict forms to distinguish between the two charges made it impossible to determine whether the jury unanimously decided whether each offense was committed by the defendant. The appellate court reversed defendant’s conviction on one count and remanded for resentencing on the second count. (McDADE and ALBRECHT, concurring)