Erroneous Jury Instructions About Defendant's Statements Which Did Not Relate to the Criminal Charge
In People v. Cemond, 242 Ill. App. 3d 1022, 612 N.E.2d 1, 183 Ill. Dec. 744 (1992), the defendant was charged and convicted of the aggravated criminal sexual abuse of a nine year old child.
At trial, two witnesses testified that defendant told them that the police asked him to find some young girls to go to the prison and have sex with inmates for money.
The trial court instructed the jury with IPI Criminal 2d No. 3.06-3.07.
The court held on appeal that it was error to give the instruction because the defendant's statement about having sex with inmates did not relate to the charge of aggravated criminal sexual abuse. Cemond 242 Ill. App. 3d at 1026.
This court also determined, however, that the error was harmless due to any lack of prejudice and the overwhelming evidence of guilt. Cemond, 242 Ill. App. 3d at 1026.