People v. Pence

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0994 Rel

Case Date: 01/30/2009

Preview:No. 2--06--0994 Filed: 1-30-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Du Page County ) Plaintiff-Appellee, ) ) v. ) No. 05--CF--1953 ) ERIC M. PENCE, ) Honorable ) George J. Bakalis, Defendant-Appellant. ) Judge, Presiding. _____________________________________________________________________________ JUSTICE SCHOSTOK delivered the opinion of the court: Defendant, Eric M. Pence, appeals from his convictions of one count of aggravated criminal sexual abuse and two counts of criminal sexual assault. The issue on appeal is whether the trial court made an appropriate inquiry into defendant's posttrial allegations of ineffective assistance of counsel. For the reasons that follow, we remand. On June 14, 2006, following a bench trial, defendant was found guilty of one count of aggravated criminal sexual abuse (720 ILCS 5/12--16(c)(1)(i) (West 2006)) and two counts of criminal sexual assault (720 ILCS 5/12--13(a)(4) (West 2006)). Prior to the sentencing hearing, on September 15, 2006, the parties appeared before the court. Defense counsel informed the court that defendant had filed a complaint against him with the Attorney Registration and Disciplinary Commission (ARDC) and that defendant had refused to

No. 2--06--0994 disclose to defense counsel the contents of the complaint. Thereafter, the following colloquy occurred between the court and defendant: "THE COURT: [Defendant], tell me what's going on. DEFENDANT PENCE: Your Honor, with all due respect, I don't understand why this is being brought to your attention. I did not fire

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