People v. Richardson
2025 IL App (2d) 240223-U
Ill. App. Ct.2025Background
- Lewis Richardson was convicted after a bench trial of two counts each of predatory criminal sexual assault of a child and aggravated criminal sexual abuse, based on allegations by two minor victims, D.W. (his step-granddaughter) and T.K.
- The offenses took place at various residences in Aurora, Illinois, across several years while D.W. was between the ages of 3 and 14, and T.K. was about 5 or 6.
- The State was allowed to introduce evidence of other sex offenses involving both D.W. and T.K. under section 115-7.3 of the Code of Criminal Procedure.
- Richardson’s defense challenged the credibility of the victims and the timeline of events but did not dispute the sufficiency of the indictment during the trial.
- The defendant was sentenced to an aggregate 17 years in prison, which was just above the statutory minimum, and appealed his conviction and sentence.
- The Office of the State Appellate Defender (OSAD) sought to withdraw, asserting no non-frivolous grounds for appeal existed under Anders v. California.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Testimony was credible; all elements proven | Victim’s testimony not credible; events did not occur | Evidence sufficient; conviction affirmed |
| Admission of prior sex offenses (other-crimes evidence) | Properly disclosed and relevant under 115-7.3 | Unduly prejudicial; should not have been admitted | Admission proper; no basis to exclude |
| Defect in indictment date ranges | Notification sufficient; no prejudice | Overly broad date range impaired defense | No prejudice; indictment adequate |
| Ineffective assistance of counsel | Reasonable performance; no prejudice | Counsel failed to challenge indictment and improperly impeached witness | No deficiency or prejudice; claim rejected |
| Sentencing—plain error | Sentence within statutory range; no error | Sentence excessive and unfair | No error or abuse; sentence affirmed |
Key Cases Cited
- People v. Collins, 106 Ill. 2d 237 (Ill. 1985) (standard for sufficiency of evidence in criminal cases)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (federal standard for sufficiency of the evidence)
- People v. Siguenza-Brito, 235 Ill. 2d 213 (Ill. 2009) (credibility and weight of evidence as province of trier of fact)
- People v. DiLorenzo, 169 Ill. 2d 318 (Ill. 1996) (requirements for sufficiency of indictments challenged for first time on appeal)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)