Defendant Sentenced to 120 Years for Predatory Criminal Sexual Assault of a Child

In People v. Anderson, the defendant was charged with four counts of predatory criminal sexual assault of a child and subsequently sentenced to 120 years in state prison. The defendant appealed the sentence and petitioned the court for relief from judgment. The appeals court denied his petition.

The case’s history 

In 2010, the defendant was charged with four counts of predatory criminal sexual assault of a child. A jury returned a verdict of guilty on all four counts. In 2011, the circuit court sentenced him to 30 years on each count with the sentences to be served consecutively. In other words, the defendant was sentenced to a total of 120 years behind bars. The defendant appealed the conviction on the basis of ineffective assistance of counsel. The Appellate Court of the Fourth District agreed that the defendant’s rights had been violated under People v. Krankel by failing to make an adequate preliminary inquiry into the defendant’s pro se post trial claims of ineffective assistance of counsel. The issue was remanded so that an adequate inquiry could be made.

What is a Krankel hearing? 

In Illinois, a judge must conduct a Krankel hearing when a defendant complains about the quality of his representation. A Krankel hearing is an organized method for dealing with such a complaint. The hearing is designed to address the matter at the trial court level before it goes to an appellate court. A Krankel hearing describes the procedure a judge takes when a criminal defendant raises a pro se claim of ineffective assistance of counsel.

Steps in a Krankel hearing 

• Once an initial claim of ineffective assistance of counsel has been raised, the trial court must first examine the factual matters underlying the defendant’s claim.
• If the court decides that the claim either lacks merit or pertains only to matters of trial strategy, then it does not need to appoint new counsel and can deny the pro se
• If the court decides that the allegations raised by the defendant show possible neglect of the case, then the court is required to assign new counsel. The case would then proceed to an evidentiary hearing, an adversarial hearing in which new counsel must be appointed to represent the defendant.

In the case mentioned above, the defendant petitioned the court for new counsel and was denied several times. The purpose of a Krankel hearing is only to assign new counsel to a case when a defendant raises a serious objection over the quality of his representation. That is the only issue that the court is allowed to render a judgment on during a Krankel hearing. If the defendant is successful, the court appoints new counsel who independently reviews the defendant’s claims.

Talk to a Decatur, IL Criminal Defense Attorney Today 

Patel Law, P.C. represents the interests of those charged with serious crimes in Illinois. Call our Decatur, IL criminal defense attorneys today to schedule an appointment, and we can begin discussing defense strategy right away.

Source:

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