People v. Lara

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2011 IL App (4th) 080983-B Opinion Filed 9/29/11 NO. 4-08-0983 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY LARA, Defendant-Appellant. ) Appeal from ) Circuit Court of ) Woodford County ) No. 08CF55 ) ) Honorable ) John B. Huschen, ) Judge Presiding. ______________________________________________________________________________ JUSTICE POPE delivered the judgment of the court, with opinion. Justices Turner and Steigmann concurred in the judgment and opinion. OPINION ¶1 In September 2008, a jury found defendant guilty of predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2006)). Defendant appealed, arguing (1) section 115-10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10 (West 2006)) is unconstitutional; (2) the trial court abused its discretion by allowing the State to introduce R.K.'s videotaped statement pursuant to section 115-10 of the Code (725 ILCS 5/115-10 (West 2006)); (3) the State failed to establish defendant's guilt beyond a reasonable doubt; and (4) defendant's trial counsel was ineffective for failing to argue R.K.'s testimony at trial made her unavailable as a witness and denied defendant his right to confront witnesses against him. We affirmed. People v. Lara, 402 Ill. App. 3d 257, 932 N.E.2d 1052 (2010). ¶2 The Supreme Court of Illinois denied defendant's petition for leave to appeal but

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