People v. Cheffer

2019 IL App (3d) 180244-U
CourtAppellate Court of Illinois
DecidedDecember 17, 2019
Docket3-18-0244
StatusUnpublished

This text of 2019 IL App (3d) 180244-U (People v. Cheffer) 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. Cheffer, 2019 IL App (3d) 180244-U (Ill. Ct. App. 2019).

Opinion

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

2019 IL App (3d) 180244-U

Order filed December 17, 2019 ____________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of the 12th Judicial Circuit, ) Will County, Illinois, Plaintiff-Appellee, ) ) Appeal No. 3-18-0244 v. ) Circuit No. 14-CF-742 ) CHARLES D. CHEFFER, ) Honorable ) Daniel L. Kennedy, Defendant-Appellant. ) Judge, Presiding. ____________________________________________________________________________

JUSTICE WRIGHT delivered the judgment of the court. Justices Carter and McDade concurred in the judgment. ____________________________________________________________________________

ORDER

¶1 Held: Viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of both criminal sexual assault and aggravated criminal sexual abuse proven beyond a reasonable doubt.

¶2 The State charged defendant, Charles D. Cheffer, with two counts of criminal sexual

assault and two counts of aggravated criminal sexual abuse, stemming from two separate

incidents. Following a bench trial, the trial court found defendant guilty of the charges related to

the first incident and not guilty of the charges as they pertained to the second incident. Defendant appeals his convictions and argues the State failed to present sufficient evidence to sustain the

convictions beyond a reasonable doubt.

¶3 I. BACKGROUND

¶4 On May 8, 2014, the State charged defendant by way of indictment with two counts of

criminal sexual assault (720 ILCS 5/11-1.20(a)(4) (West 2014)) and two counts of aggravated

criminal sexual abuse (720 ILCS 5/11-1.60(d) (West 2014)).

¶5 Count I alleged that on or about February 26, 2014, defendant committed the offense of

criminal sexual assault “in that said defendant, who was 17 years of age or older, committed an

act of sexual penetration with Pat Doe, in that said defendant knowingly placed his finger into

the vagina of Pat Doe and Pat Doe was at least 13 years of age but under 18 years of age, and the

defendant held a position of trust, authority or supervision in relation to Pat Doe[.]”

¶6 Count II alleged that on or between January 1, 2014, and January 31, 2014, defendant

committed the offense of criminal sexual assault “in that said defendant, who was 17 years of

age or older, committed an act of sexual penetration with Pat Doe, in that said defendant

knowingly placed his finger into the vagina of Pat Doe and Pat Doe was at least 13 years of age

but under 18 years of age, and the defendant held a position of trust, authority or supervision in

relation to Pat Doe[.]”

¶7 Count III alleged that on or about February 26, 2014, defendant committed the offense of

aggravated criminal sexual abuse “in that said defendant committed an act of sexual penetration

with Pat Doe, who was at least 13 years of age but under 17 years of age when the act was

committed, in that said defendant knowingly placed his finger into the vagina of Pat Doe, and the

defendant was at least 5 years older than Pat Doe[.]”

2 ¶8 Count IV alleged that on or between January 1, 2014, and January 31, 2014, defendant

committed the offense of aggravated criminal sexual abuse “in that said defendant committed an

act of sexual penetration with Pat Doe, who was at least 13 years of age but under 17 years of

age when the act was committed, in that said defendant knowingly placed his finger into the

vagina of Pat Doe, and the defendant was at least 5 years older than Pat Doe[.]” 1

¶9 Defendant’s bench trial commenced on November 22, 2016. The State called Alyxandria

Pristas as the first witness. According to the record, Pristas began screaming and did not testify

that day. The State explained to the court that Pristas suffered from anxiety. Thus, the State

called Pristas as the first witness to testify without family members in the courtroom. Later in the

trial, Pristas was able to testify in open court.

¶ 10 G.G., born November 3, 2000, testified that she had known defendant her entire life and

that they were friends. Defendant was also friends with G.G.’s mother and began babysitting

G.G. once or twice a month when G.G. was 13 years of age. Every once in a while, defendant

would babysit G.G. overnight. In February or March 2014, G.G. told her mother that defendant

sexually assaulted her.

¶ 11 G.G. explained that in January 2014, she and her younger brother spent the night at

defendant’s grandfather’s home because G.G.’s mother was out of town for work (the first

incident). G.G. stayed at the home from approximately 6 p.m. until 8 a.m. Defendant,

defendant’s girlfriend at the time, Pristas, and defendant’s grandfather were present in the home.

However, Pristas left sometime between 11 p.m. and 1 a.m. G.G. stayed in defendant’s room and

1 In response to a motion for a bill of particulars filed by defendant, the State alleged that the crimes charged in counts I and III occurred between February 25, 2014, and February 27, 2014. The State alleged that the crimes charged in counts II and IV occurred between January 27, 2014, and January 29, 2014.

3 gave a general description of the residence. G.G. explained that defendant’s bedroom lacked a

mattress, so defendant laid several blankets on the floor to sleep.

¶ 12 The group, which included G.G., her brother, Pristas, and defendant, played video games

and watched television in defendant’s room. G.G. shared a chair with defendant and stated that

the two were “squishing” next to one another. Pristas was sitting on the floor on her phone. G.G.,

Pristas, and defendant laid down on the blankets to go to sleep. Defendant eventually “cuddled

up” to G.G. According to G. G., “cuddled up” meant defendant put his arm around G.G. and

positioned his head next to G.G.’s shoulder. At this point, Pristas became upset. G.G. stated that

she was unsure why Pristas became upset. Pristas stood up, mumbled something to defendant,

and went into the next room. Defendant followed Pristas to speak with her. G.G. and her brother

went into the room to check on them. G.G. observed Pristas crying and observed defendant bite

Pristas on the cheek.

¶ 13 Eventually, G.G, defendant, and Pristas laid down in the same spot on the blankets.

However, Pristas stood up and asked defendant to take her home. G.G. believed defendant took

Pristas home. G.G. stated that there was no physical contact with defendant before Pristas left the

home. Defendant returned a half hour to an hour later. Defendant laid on the floor next to G.G.

and said “I’m horny[,]” and “do you care if I play with myself?” G.G.’s brother was sleeping on

some chairs in the room. G.G. could see defendant out of the corner of her eye masturbating with

his pants halfway down. G.G. ignored defendant until he began to touch her. Defendant

unbuttoned G.G.’s pajama pants and put his hand underneath G.G.’s underwear. Defendant put

his finger in and out of G.G.’s vagina “once or twice[.]” Defendant was masturbating with one

hand and touching G.G. with the other. In order to get away from defendant, G.G.

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Bluebook (online)
2019 IL App (3d) 180244-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cheffer-illappct-2019.