September 7, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County
ROBERT DELGADO, ))
Defendant-Appellant. ) Robert M. Smierciak,
) Judge Presiding.
JUSTICE O’MARA FROSSARD delivered the opinion of the court:
Robert Delgado was convicted of aggravated criminal sexual abuse after a jury trial and
sentenced to four years in prison. Delgado raises four issues on appeal: The first two directly
challenge his conviction. Delgado argues the State failed to prove him guilty beyond a reasonable
doubt and the court failed to instruct the jury on the definition of “sexual conduct.” Delgado’s
final two arguments challenge the fines he was ordered to pay as part of his sentence.
The Illinois Supreme Court has entered a supervisory order (People v. Delgado, No.
103815 (March 28, 2007)) directing this court to vacate our previous opinion (People v.
Delgado, 368 Ill. App. 3d 985 (2006)) and reconsider our judgment under a plain error analysis.
Defendant was charged with criminal sexual assault, aggravated criminal sexual abuse,