People v. Tellez-Valencia

Both defendants in this consolidated appeal were convicted of predatory criminal sexual assault of a child. While defendants’ respective appeals were pending, this court invalidated Public Act 89 — 428, which created this offense. Subsequently, in case No. 85524, the appellate court reversed defendant Gomecindo Tellez-Valencia’s conviction, holding that the State could not amend the charging instrument on appeal. 295 Ill. App. 3d 122. However, the appellate court in No. 85532 affirmed defendant Robbie J. Moore’s conviction, allowing the State to amend the charge on appeal to aggravated…