People v. Davis

              First Division
May 7, 2007
No. 1-05-0276
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
DENNIS DAVIS,
Defendant-Appellant.
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Appeal from
the Circuit Court
of Cook County
02 CR 27257
Honorable
Reginald H. Baker,
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Following a bench trial, defendant, Dennis Davis, was convicted of criminal sexual
assault (720 ILCS 5/12-13(a)(1) (West 2002)) and sentenced to 30 years' imprisonment. On
appeal, defendant contends that his counsel was ineffective for failing to move to dismiss a
portion of his indictment on the basis that it violated his speedy trial rights. In addition,
defendant contends that he was denied his constitutional right to testify at trial.
The evidence adduced at trial demonstrated that, in March 2002, defendant sexually
assaulted the victim, S.R., who was his fiancee's daughter. On June 11, 2002, the victim reported
the incident and defendant was arrested. The following day, on June 12, 2002, defense counsel
filed a demand for trial at defendant's initial court appearance. On July 3, 2002, the State charged
defendant by information with criminal sexual assault, a Class 1 felony (720 ILCS 5/12-13(a)(1)
(West 2002)). The case was then continued several times by agreement of the parties between
July 23, 2002, and November 26, 2002. Prior to commencement of trial, on October 25, 2002, a
grand jury convened and returned a two-count indictment, where each count was based on the