People v. D.P.

I respectfully dissent. In close cases, it is not the function of this court to substitute its interpretation of the evidence for that of the trial court, which is in a far superior position to evaluate. Sohaey v. Van Cura, 240 Ill. App. 3d 266, 293, 607 N.E.2d 253 (1992).

The majority gives two possible reasons why it believes the trial court erred in granting the motion for judgment: (1) because the trial court relied on the fact that no one testified that the father’s method of waking his daughter was for the purpose of his sexual arousal; and (2) because the trial court felt it was…