Criminal Law

Defendant was convicted, of 2 counts of armed robbery, both counts being Class X felonies. Court sentenced Defendant to 2 concurrent terms of 50 years. Defense counsel did not timely file motion to reconsider sentence, but 18 years later, court allowed Defendant to file motion to reconsider sentence, after allowing him to file success postconviction petition. Court properly denied motion to reconsider sentence, as court focused on sentencing judge’s proper consideration of aggravating and mitigating factors, and could not modify appropriate sentence based solely on Defendant’s current condition of declining health.  (McDADE and O’BRIEN, concurring.)

Defendant was sentenced to natural life in 2 cases. In one case, after bench trial, Defendant was convicted of aggravated criminal sexual assault, aggravated kidnapping, and aggravated unlawful restraint. In other case, Defendant was convicted, after bench trial, of armed robbery and attempted criminal sexual assault. Defendant had previously been convicted of armed robbery (in 1986) and murder (in 1993). Changes to armed robbery statute, in 2010, did not change nature or elements of offense. Conviction was properly used as a predicate offense rendering Defendant subject to sentencing under Habitual Criminal Act.(COBBS and HOWSE, concurring.)

Defendant was convicted, after jury trial, of aggravated battery of his fiancee’s 2-year old daughter after she threw a temper tantrum in doctor’s office where her mother had an appointment. Jury instruction given as to parental discipline, stating that a person or a person lawfully acting in a parent’s place is justified in using corporal punishment as discipline so long as it is necessary and reasonable. Instructions were neither misstatements of law nor conflicting. Thus, trial counsel was not deficient to agreeing to the instructions.(LYTTON and WRIGHT, concurring.)

Defendant was convicted, after jury trial, of aggravated DUI. No error in court allowing jury to view a part of video of Defendant's arrest that depicted an improperly conducted field sobriety test.State did not mention or make any argument regarding HGN test (which State conceded was improperly conducted), and State focused solely on Defendant's inability to follow officer's instructions during portion of recording that was published to jury.Prosecutor's comments in closing arguments were directed at Defendant's consciousness of guilty and were thus not erroneous. Even if language in court's admonishments did not exactly track the rule, court substantially complied with requirements of Rule 605(a). Court considered Defendant's 5 DUI convictions necessary to qualify for Class X sentencing and 4 additional DUI convictions in imposing 8 year sentence, and this was not an improper double enhancement.(HUDSON and JORGENSEN, concurring.)

Defendant was convicted, after jury trial, of 1st degree murder while attempting or committing a forcible felony other than 2nd degree murder. Defendant's felony murder conviction is reversed, as State failed to prove both that asserted predicate forcible felony of aggravated battery with a firearm had an independent felonious purpose, and proximately resulted in victim's death.  (REYES and LAMPKIN, concurring.)

Defendant was convicted, after jury trial, of unlawful possession of a controlled substance. Record does not establish that court's admonishments infringed on Defendant's right to self-representation, as Defendant chose to proceed pro se despite the admonishments, and later chose to retain counsel.(LYTTON and McDADE, concurring.)

(Court opinion corrected 5/15/18.) Defendant was convicted, after jury trial, of aggravated criminal sexual abuse of a minor. Minor, and her minor brother, testified that Defendant (who was their stepfather) fondled minor's breasts. Evidence of Defendant's intent was not closely balanced. Both minors testified to Defendant's prior incident of inappropriate contact with minor. Jury could reasonably and readily infer from evidence, even without police officer's testimony, that Defendant had touched minor's breasts for purpose of sexual gratification or arousal. (CARTER and McDADE, concurring.)