People v. Abrams

562 N.E.2d 613, 205 Ill. App. 3d 295, 150 Ill. Dec. 83, 1990 Ill. App. LEXIS 1588
CourtAppellate Court of Illinois
DecidedOctober 12, 1990
Docket1-87-3646
StatusPublished
Cited by2 cases

This text of 562 N.E.2d 613 (People v. Abrams) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Abrams, 562 N.E.2d 613, 205 Ill. App. 3d 295, 150 Ill. Dec. 83, 1990 Ill. App. LEXIS 1588 (Ill. Ct. App. 1990).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

Following his plea of guilty to the offenses of aggravated criminal sexual assault and residential burglary, the defendant Eric Abrams was sentenced to consecutive sentences of 25 years for the sexual assault and 5 years for the burglary. The defendant unsuccessfully attempted to have the trial court reduce the 25-year sentence and to set concurrent sentences. He contends that the sentences were improper and that the court incorrectly considered the victim-impact statement during sentencing.

The stipulated facts are as follows: On the evening of August 24, 1986, the complainant was in her Chicago apartment located on West Chestnut Street where she lived with her roommate. Because she was alone that evening, the complainant checked the windows and doors within her apartment and determined that they were all locked except for her roommate’s bedroom window, which was slightly open due to the hot weather. That window, however, was secured by burglar bars. Sometime before 12:30 a.m., the complainant heard noises. She again checked the windows and doors and noticed that the burglar bars were still intact.

About 1 a.m. the complainant awoke when she felt the defendant touching her. Although she began to struggle, the defendant put his hands around her neck, started to choke her, and she began to lose her breath. He said that he was going to kill her. When the defendant lifted one of his hands, the complainant struggled free; the defendant followed her into the hallway, where he hit her in the stomach and neck, causing her to hit her head against a wall. The blow to her stomach doubled her over. The defendant then forced her back into her bedroom, where he first threw her to the floor and then pushed her onto the bed and forced her to submit to vaginal intercourse. She then began to scream, and the defendant fled through the back door of the apartment.

After calling the police, the complainant noticed that the burglar bars had been pried loose. It was determined that the defendant had taken jewelry and stationary cards from her roommate’s bedroom. The police later recovered the jewelry from the defendant’s girlfriend, Renee Jones. The defendant’s fingerprints were recovered from a picture frame in the roommate’s bedroom.

The complainant was examined at a nearby hospital. She had injuries on her face and lips. A vaginal swab taken from the complainant tested positive for the presence of semen.

The defendant was arrested eight days later when a resident who lived in the building next door to the complainant became suspicious of the defendant, whom he saw walking around the property, and called the police.

The defendant read and signed a statement summarizing his conversation with an assistant State’s Attorney. The defendant stated that he broke the burglar bars in front of a bedroom window and entered. He turned on a television set and looked for jewelry in a jewelry box. After he took some jewelry, he walked down the hallway “to check the rest of the apartment.” He entered another bedroom where he saw a woman sleeping. He went over to the woman and began-squeezing her neck when she “hollered.” The woman jumped up and-the covers came off her. He saw that she had no clothes on; he took off his clothes while he was holding her neck. The woman tried to run, but he pulled her back into the bed. He forced her to have sexual intercourse with him. After talking with her, he left the apartment. He later gave the jewelry he had taken to his girlfriend, Renee Jones, and told the police how to locate her.

Before the sentencing, the State filed a victim-impact statement in which the complainant said that she had lost her voice for a week as a result of the defendant choking her. She also sustained a cut lip which caused her mouth to become infected, thereby requiring that dental fillings be removed and her teeth refilled. In addition, because she could not live in her apartment, her parents came to Chicago from out of town to stay with her while she looked for a new place to live. Further, she had trouble sleeping after the incident. She missed work and sought professional help. She feared for her life during the incident, and she wanted the defendant to receive the maximum sentence. After hearing evidence in mitigation, including the testimony of the defendant, the judge imposed consecutive sentences.

Section 5 — 8—4(a) of the Unified Code of Corrections provides that a court shall not impose consecutive sentences for offenses which a defendant committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective, unless the defendant was convicted of a Class X or Class 1 felony and the defendant inflicted severe bodily injury, in which event the court shall impose consecutive sentences. (Ill. Rev. Stat. 1985, ch. 38, par. 1005 — 8—4(a).) Under section 5 — 8—4(b), a court shall also refrain from imposing consecutive sentences unless, having regard for the nature and circumstances of the offense and the character and history of the defendant, it is of the opinion that such a term is necessary to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record. (Ill. Rev. Stat. 1985, ch. 38, par. 1005 — 8—4(b).) In imposing consecutive sentences, the judge found that the theft of the jewelry and the rape were two separate acts.

Reduced to a syllogism, the defendant’s position may be summarized: Under the law, if the record shows that it was possible that the defendant entered the complainant’s apartment with the intent to commit theft and rape, consecutive sentences may not be imposed. Under this record, it was possible that the defendant entered the apartment with the intent to commit theft and rape. Therefore, the consecutive sentences were improper. We would agree with the defendant’s logic, if we accepted the first premise. We cannot accept it.

The defendant relies principally on People v. Davis (1986), 151 Ill. App. 3d 435, 502 N.E.2d 780. In Davis, the complainant was awakened by a man who put a hand over her mouth and a knife to her throat. He told her not to look at him or he would kill her children. After raping her, he tied her hands behind her back, left the room and walked around the house. He returned and asked where her money was. After she said she did not have any, he raped her again. After he left the house she determined that her purse containing $4, a video cassette recorder and her car were missing. The video cassette recorder was recovered from a woman who testified the defendant had given it to her. The complainant identified the defendant by his voice. The defendant was convicted of residential burglary, home invasion and aggravated criminal sexual assault.

At the sentencing hearing, another woman testified that less than one month before the rape for which the defendant was convicted, he wakened her in her bedroom. He wielded a knife and ordered her to remain silent or he would kill her. She screamed and struggled, and the defendant fled. She subsequently discovered that money from her pants pocket and purse, as well as her video cassette recorder, were missing.

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Related

People v. Morris
603 N.E.2d 1196 (Appellate Court of Illinois, 1992)
People v. Miles
577 N.E.2d 477 (Appellate Court of Illinois, 1991)

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Bluebook (online)
562 N.E.2d 613, 205 Ill. App. 3d 295, 150 Ill. Dec. 83, 1990 Ill. App. LEXIS 1588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abrams-illappct-1990.