People v. Pence

              No. 2--06--0994 Filed: 1-30-09
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) 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