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People v. Stewart

Case Date: 03/26/1999
Court: 4th District Appellate
Docket No: 4-97-0852

People v. Stewart, No. 4-97-0852

4th District, March 26, 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

RICHARD E. STEWART,

Defendant-Appellant.

 Appeal from Circuit Court of Champaign County

No. 97CF343

Honorable Thomas J. Difanis, Judge Presiding.

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

On July 17, 1997, a Champaign County jury convicted defendant, Richard E. Stewart, of two counts of predatory sexual assault of a child under the age of 13 (720 ILCS 5/12-14.1(a)(1) (West 1996)). In August 1997, the court sentenced defendant to two concurrent 18-year prison terms, granted him 169 days' credit, and applied the truth-in-sentencing provision, ordering him to serve 85% of his prison term (see 730 ILCS 5/3-6-3(a)(2)(ii) (West 1996)). Defendant appeals, arguing (1) his attorney provided ineffective assistance, (2) the admission of hearsay evidence violated his confrontation and due process rights, and (3) his judgment of sentence should reflect day-for-day credit. We reverse and remand.

I. BACKGROUND

In March 1997, defendant was charged with two counts of predatory criminal sexual assault of a child under the age of 13. 720 ILCS 5/12-14.1(a)(1) (West 1996). For approximately 1