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People v. Childress

Case Date: 03/20/2001
Court: 1st District Appellate
Docket No: 1-98-4203 Rel

SECOND DIVISION
MARCH 20, 2001




1-98-4203


PEOPLE OF THE STATE OF ILLINOIS,

               Plaintiff-Appellee

                       v.

CRAIG CHILDRESS,

              Defendant-Appellant.

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)		 Appeal from the
Circuit Court
of Cook County

No. 96 CR 25194

The Honorable
Michael Bolan,
Judge Presiding.

JUSTICE COUSINS delivered the opinion of the court:

The defendant, Craig Childress, was convicted of attempted aggravatedcriminal sexual assault following a bench trial and sentenced to 29 years inprison. Defendant was acquitted of attempted murder. The defendant filed atimely notice of appeal.

On appeal, the defendant argues that: (1) he was denied his right to a speedytrial; (2) the trial court abused its discretion in ruling that the prosecutioncould introduce evidence of defendant's prior crimes in rebuttal to show intent;(3) the State failed to prove defendant guilty of attempted aggravated criminalsexual assault beyond a reasonable doubt; (4) defendant's conviction forattempted aggravated criminal sexual assault was legally inconsistent with hisacquittal for attempted murder; (5) multiple sentencing errors entitle defendantto a new sentencing hearing; and (6) he was denied the effective assistance ofcounsel.

BACKGROUND

Defendant was charged with attempted first-degree murder (count I) and twocounts of aggravated criminal sexual assault (counts II and III).

Before trial, defendant filed several pro se motions to dismissdefense counsel from the public defender