People v. Jeffrey R. Wayman

              1
NOTICE
Decision filed 03/10/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-05-0559
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Montgomery County.
)
v. ) No. 02-CF-234
)
JEFFREY R. WAYMAN, ) Honorable
) John P. Coady,
Defendant-Appellant. ) Judge, presiding.
________________________________________________________________________
PRESIDING JUSTICE STEWART delivered the opinion of the court:
Following a bench trial in the circuit court of Montgomery County, the defendant,
Jeffrey R. Wayman, was convicted of one count of child pornography (720 ILCS 5/11-
20.1(a)(1)(vii) (West Supp. 2001)) and one count of aggravated assault (720 ILCS 5/12-
2(a)(13) (West 2000)). On appeal, the defendant argues as follows: (1) that the State failed
to prove him guilty of child pornography beyond a reasonable doubt and could not have
proved him guilty of that charge because no photographs were submitted in support of the
charge; (2) that the State failed to prove him guilty beyond a reasonable doubt of aggravated
assault; (3) that he was denied the effective assistance of counsel due to his attorney's failure
to move to sever unrelated charges; and (4) that he is entitled to a $5-per-day credit against
his fine for the 47 days he spent in custody prior to sentencing. The State concedes that the
defendant is entitled to a $5-per-day credit against his fine for the 47 days he spent in custody
prior to sentencing. We affirm the aggravated assault conviction, reverse the child
pornography conviction, and remand for a new sentencing hearing.