PEOPLE v. PENCE

No. 2-06-0994.

902 N.E.2d 164 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Eric M. PENCE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 30, 2009.


Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Sherry R. Silvern, Office of State Appellate Defender, Elgin, IL, for Appellant.

Joseph E. Birkett, DuPage County State's Atty., Lisa Anne Hoffman, Assistant State's Atty., Wheaton, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, IL, for Appellee.


Justice SCHOSTOK delivered the opinion of the court:

Defendant, Eric M. Pence, appeals from his convictions of one count of aggravated criminal sexual abuse and two counts of criminal sexual assault. The issue on appeal is whether the trial court made an appropriate inquiry into defendant's posttrial allegations of ineffective assistance of counsel. For the reasons that follow, we remand.

On June 14, 2006, following a bench trial, defendant was found guilty...

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