People v. Barkes

Defendant, Edward J. Barkes, Jr., appeals from an order of the circuit court of Kendall County granting the State’s motion to dismiss his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2008)), which sought relief from his conviction of seven counts of criminal sexual assault (720 ILCS 5/12 — 13(a)(4) (West 2004)) and seven counts of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(d) (West 2004)). For the reasons that follow, we affirm in part, reverse in part, and remand.

I. BACKGROUND

On November 16, 2004, following a jury trial, defendant was…