People v. Perkins
408 Ill. App. 3d 752
Ill. App. Ct.2011Background
- Perkins was charged by indictment with one count of aggravated criminal sexual abuse and three counts of criminal sexual abuse.
- Trial court admitted out-of-court statements of the child victim under 725 ILCS 5/115-10.
- CAC interviewer testified about the child's statements; grandmother testified about statements and events.
- Victim testified at trial; mother described discovering Perkins naked with the child in bed.
- Perkins testified denying the alleged acts; trial judge found him guilty of attempted aggravated criminal sexual abuse and attempted criminal sexual abuse (merged).
- Five-year prison sentence imposed; Perkins appealed challenging sufficiency, ineffective assistance, and sentencing arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for attempted aggravated criminal sexual abuse | Perkins287 argues no substantial step toward abuse was shown | Perkins contends hip-thrusting alone was not a substantial step | Evidence showed multiple substantial steps; conviction affirmed. |
| Ineffective assistance of counsel | Perkins claims counsel was ineffective for not anticipating an attempt conviction | Counsel's cross-examination and strategy were adequate; no prejudice shown | No deficient performance demonstrated; no prejudice established; no per se conflict finding. |
| Sentencing within statutory and discretionary limits | Sentence excessive given age and lack of prior record | Court misread remorse and rehabilitative prospects | Five-year sentence within range and not an abuse of discretion. |
Key Cases Cited
- People v. Jordan, 218 Ill. 2d 255 (Illinois Supreme Court, 2006) (sufficiency standard for criminal conviction; review de novo when credibility not challenged)
- People v. Sutherland, 223 Ill. 2d 187 (Illinois Supreme Court, 2006) (weight and credibility of testimony; standard of review for sufficiency of evidence)
- In re Ryan B., 212 Ill. 2d 226 (Illinois Supreme Court, 2004) (de novo review when uncontested facts; credibility not challenged)
- People v. Terrell, 99 Ill. 2d 427 (Illinois Supreme Court, 1984) (definition of substantial step under inchoate offenses)
- People v. Smith, 148 Ill. 2d 454 (Illinois Supreme Court, 1992) (guidance on substantial step in attempt cases)