People v. Antoine

Procedural entryThis page is a short order in People v. Antoine. Read the opinion of the Court — 286 Ill. App. 3d 920
Appellate Court of Illinois·Decided March 5, 1997·No. 4-96-0490·Published

Opinion

                              NO. 4-96-0490

                         IN THE APPELLATE COURT

                               OF ILLINOIS

                             FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,    )  Appeal from

         Plaintiff-Appellant,          )  Circuit Court of

         v.                            )  Champaign County

NATHAN J. ANTOINE, JR.,                 )  No. 96CF262

         Defendant-Appellee.           )  

                                       )  Honorable

                                       )  Harold L. Jensen,

                                       )  Judge Presiding.

_________________________________________________________________

         PRESIDING JUSTICE STEIGMANN delivered the opinion of

the court:

         In April 1996, the State filed a petition to have

defendant, Nathan J. Antoine, Jr., declared a sexually dangerous

person, pursuant to the Sexually Dangerous Persons Act (Act) (725

ILCS 205/0.01 et seq. (West 1994)).  In May 1996, defendant filed

a motion for involuntary dismissal, alleging that the two psychi-

atrists appointed to examine him did not agree that he was a

sexually dangerous person.  Following a hearing on the motion in

May 1996, the trial court granted defendant's motion for involun-

tary dismissal.  The State appeals and we reverse and remand.

                             I.  BACKGROUND

         Section 1.01 of the Act defines a sexually dangerous

person as:  

              "[One] suffering from a mental disorder,

         which mental disorder has existed for a peri-

         od of not less than one year, immediately

         prior to the filing of the petition hereinaf-

         ter provided for, coupled with criminal pro-

         pensities to the commission of sex offenses,

         and who ha[s] demonstrated propensities to-

         ward acts of sexual assault or acts of sexual

         molestation of children ***."  725 ILCS

         205/1.01 (West 1994).

         Section 4 of the Act provides that the trial court

shall appoint two qualified psychiatrists to personally examine

the defendant, ascertain whether he is sexually dangerous, and

file with the court a written report of the examination result.

725 ILCS 205/4 (West 1994).  

         The trial court appointed psychiatrists Joseph Bohlen

and Lawrence Jeckel to examine defendant.  In April 1996, Dr.

Bohlen submitted a report to the court concluding that defendant

suffered from a mental disorder, sexual paraphilia (violent type)

and, therefore, met the statutory criteria for a sexually danger-

ous person.  In May 1996, Dr. Jeckel submitted a report to the

court concluding that defendant suffered from a character disor-

der, but that he did not have a mental disorder.  Dr. Jeckel's

report stated, in relevant part, as follows:

         "[Defendant] has the mentality of a rapist or

         a killer.  He does not have a mental illness

         that would be classified on DSM-IV Axis I.

         His behavior is part of a character disorder,

         an enduring set of character traits charac-

         terized by deceit, drug use, and violent

         impulses toward women.

              Therefore, although [defendant] has

         demonstrated criminal propensities toward

         acts of sexual assault in the past, he is not

         suffering from a mental disorder that has

         existed for one year."

Dr. Jeckel thus concluded that defendant did not meet the Act's

criteria for a sexually dangerous person.  

         In May 1996, defendant filed a motion for involuntary

dismissal because the two psychiatrists did not agree on whether

defendant was a sexually dangerous person pursuant to the Act.

Defendant contended that this court's decision in People v. Cole,

5 Ill. App. 3d 836, 284 N.E.2d 53 (1972), required dismissal

under these circumstances.  At the hearing on defendant's motion,

the trial court questioned the reasoning in Cole, but dismissed

the petition because the court believed Cole required it to do

so.   

                              II.  ANALYSIS

         The State appeals, arguing that the trial court erred

by dismissing the petition.  The State contends that (1) the lan-

guage of the statute does not require that both psychiatrists

conclude that a defendant is sexually dangerous; and (2) to the

extent that Cole holds that a trial court must dismiss a petition

when the psychiatrists disagree, it is erroneous and should be

overturned.  In response, defendant argues that (1) the statute

supports the trial court's dismissal; and (2) the doctrine of

stare decisis requires this court to affirm, based on Cole.  We

agree with the State.

                         A.  Statutory Language

         The State first contends that the Act contains no

language that requires a trial court to dismiss a petition if

both court-appointed psychiatrists do not agree that the defen-

dant is a sexually dangerous person.  Defendant responds that the

entire Act must be construed in light of and consistent with sec-

tion 3.01 of the Act, which places upon the State the burden of

proving beyond a reasonable doubt that a defendant is a sexually

dangerous person (725 ILCS 205/3.01 (West 1994)).  Thus, defen-

dant contends that if the court-appointed psychiatrists disagree,

the State can never establish a prima facie case, and the trial

court must dismiss the petition.  

         Section 4 of the Act reads as follows:

              "After the filing of the petition, the

         court shall appoint two qualified psychia-

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