2018 IL App (1st) 152613 No. 1-15-2613 SECOND DIVISION January 29, 2019 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) ) No. 13 CR 19562 v. ) ) Honorable MIGUEL CAMPOS, ) William G. Lacy, ) Judge Presiding. Defendant-Appellant. ) JUSTICE PUCINSKI delivered the judgment of the court, with opinion. Justice Hyman concurred in the judgment and opinion. Presiding Justice Mason specially concurred, with opinion. OPINION ¶1 Following a bench trial, defendant Miguel Campos was convicted of eight counts of aggravated criminal sexual abuse (720 ILCS 5/12-16(b) (West 2006) (renumbered as section 11 1.6 by Public Act 96-1551, § 5 (eff. July 1, 2011))), and sentenced to concurrent terms of seven years’ imprisonment. On appeal, defendant contends that four of his convictions should be vacated because they are based on the same physical act as his other convictions and, therefore, violate the one-act, one-crime rule. Defendant also contends that his trial counsel was ineffective for failing to file a motion to suppress his inculpatory statement. No. 1-15-2613 ¶2 I. BACKGROUND ¶3 Defendant was charged by indictment with 25 counts of aggravated criminal sexual abuse. Prior to trial, the State moved to nol-pros all but 10 counts. The 10 remaining counts alleged that defendant committed aggravated criminal sexual abuse in that he touched, for sexual gratification: J.C.’s penis with his hand between the dates of August, 26, 2010, and August 26, 2013 (count V), and August 9, 2007, and August 25, 2010 (count XVIII); L.S.’s penis with his hand between the dates of August 26, 2010, and August 26, 2013 (count VI), and November 24, 2009, and August 26, 2013 (count XIV); M.S.’s breasts with his hand between the dates of August 26, 2010, and August 26, 2013 (count VII), and February 3, 2007, and August 25, 2010 (count XX); M.S.’s vagina with his hand between the dates of August 26, 2010, and August 26, 2013 (count VIII), and February 3, 2007, and August 25, 2010 (count XXI); M.S.’s breasts with his mouth between the dates of August 26, 2010, and August 26, 2013 (count IX), and February 3, 2007, and August 25, 2010 (count XXII). Defendant waived his right to a jury trial and the case proceeded to a bench trial. Because defendant does not challenge the sufficiency of the evidence to sustain his convictions, we recount the facts only to the extent necessary to resolve the issues raised on appeal. ¶4 At trial, Ambie Tolly testified that she was a therapist who worked with defendant’s four children: L.S., his 19-year-old stepson; M.S., his 18-year-old stepdaughter; J.C., his 12-year-old son; and K.C., his eight-year-old daughter. According to Tolly, M.S. is socially and emotionally delayed. Tolly stated that M.S. also has a learning disability related to reading. She explained that L.S. cannot communicate verbally due to a traumatic brain injury he suffered as a child. Tolly described that ...
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