People v. Jones

I respectfully dissent because I believe that defendant’s conviction should be reversed outright. In my opinion, the State failed to prove, and cannot prove, under the facts in this case, that defendant committed the crime of attempted aggravated criminal sexual abuse. The facts in the case at bar do not constitute attempted aggravated criminal sexual abuse, and therefore defendant should not be subjected to another trial. Scrutiny of the record and study of the pertinent case law reveal that the State failed to carry its burden of proving that defendant committed a criminal attempt by taking…