specially concurring:
I also concur with the disposition of this case; however, I believe that the errors complained of by defendant regarding the prosecutor’s opening remarks and the introduction of hearsay testimony during the examination of two detectives have been waived.
Because defendant did not make a timely objection to any of these errors at trial, and did not renew those objections in a written post-trial motion, the alleged errors have been waived. People v. Miller, 173 Ill. 2d 167, 191, 670 N.E.2d 721 (1996).
Defendant urges this court to review these errors under the plain error doctrine. The plain error doctrine allows a reviewing court to consider a trial error not properly preserved when (1) the evidence in a criminal case is closely balanced, or (2) the error is so fundamental and of such a magnitude that the defendant was denied his right to a fair trial. Miller, 173 Ill. 2d at 191-92.
In my opinion, neither situation applies here. The evidence was not closely balanced and the errors cannot be said to be so fundamental and of such a magnitude that the defendant was denied the right to a fair trial. The type of testimony elicited by the prosecution in examining the detectives in this case has been permitted as part of the investigatory procedure exception. Henderson, 142 Ill. 2d at 304. Therefore, under these facts, I cannot agree that the introduction of such testimony affected defendant’s substantial rights so as to permit review.
Defendant also argues that his trial counsel was ineffective for failing to object at trial and for not including these errors in the motion for a new trial. This argument consists of two sentences and citation to three decisions in defendant’s brief. Defendant does not explain how his attorney’s actions fell below an objective standard of reasonableness nor how a reasonable probability exists that but for counsel’s errors the results would have been different. Strickland v. Washington, 466 U.S. 668, 687, 80 L. Ed. 2d 674, 693, 104 S. Ct. 2052, 2064 (1984). As a result, this issue is also waived. People v. Nieves, 192 Ill. 2d 487, 503, 737 N.E.2d 150 (2000).
For the above reasons, I believe defendant has waived consideration of these issues on appeal.
I concur in the rest of the opinion.