THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRANK JAMES, SR., Defendant-Appellant. | ) ) ) ) ) ) ) ) | Appeal from Circuit Court of Champaign County No. 00CF1454 Honorable |
JUSTICE KNECHT delivered the opinion of the court:
After a January 2001 trial, a jury convicted defendant,Frank James, Sr., of predatory criminal sexual assault of a child(720 ILCS 5/12-14.1(a)(1) (West 1998)). In February 2001, thetrial court sentenced him to 28 years' imprisonment. Defendantappeals, arguing (1) plain error occurred when the trial courtinstructed the jury with a modified pattern jury instruction thatstated "sexual penetration" means any contact, however slight,between the sex organ of one person "and an object or finger"(emphasis added) of another; (2) plain error occurred when thecourt instructed the jury that defendant could be convicted ifthe jury found his actions were reckless; (3) the court erred indenying a new trial based on the prosecutor's closing remarks;(4) admission of out-of-court statements by the complainingwitness to others (725 ILCS 5/115-10 (West 1998)) violateddefendant's confrontation clause rights (U.S. Const., amends. VI,XIV; Ill. Const. 1970, art. I,