People v. Deavers

Defendant, Billy Joe Deavers, was convicted by a jury of two counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12—16(c)(1)) and sentenced to concurrent four-year prison terms on each count. Defendant appeals, arguing (1) the trial court erred by admitting testimony of the victim’s out-of-court statements, (2) the jury instructions failed to include a mental state, and (3) the State introduced irrelevant and inflammatory evidence that deprived defendant of a fair trial.

We affirm.

I. Facts

Defendant was indicted in July 1989. Count I of the indictment alleged that he…