People v. Fernandez

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court;

After a jury trial, defendants Guillermo Fernandez and Angel Pena, both of whom are mentally retarded, were found guilty of one count of rape, two counts of deviate sexual assault, one count of unlawful restraint, and one count of aggravated battery, for which Fernandez was sentenced to a term of eight years’ imprisonment and Pena received seven years. We reverse the decision of the trial court and remand the cause for a new trial for the reason that the defendants did not have effective assistance of counsel.

The record discloses…