People v. Ferrell

2025 IL App (5th) 230710-U
CourtAppellate Court of Illinois
DecidedJuly 9, 2025
Docket5-23-0710
StatusUnpublished

This text of 2025 IL App (5th) 230710-U (People v. Ferrell) 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. Ferrell, 2025 IL App (5th) 230710-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (5th) 230710-U NOTICE Decision filed 07/09/25. The This order was filed under text of this decision may be NO. 5-23-0710 Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Petition for IN THE limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1). the same. APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Pope County. ) v. ) No. 22-CF-15 ) MATTHEW FERRELL, ) Honorable ) Carey C. Gill, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________

JUSTICE SHOLAR delivered the judgment of the court. Justices Moore ∗ and Boie concurred in the judgment.

ORDER

¶1 Held: We affirm defendant’s convictions where the evidence was sufficient to sustain his convictions, and trial counsel was not ineffective for failing to impeach witnesses with their prior statements.

¶2 Following a bench trial, defendant, Matthew Ferrell, was convicted of three counts of

criminal sexual assault and one count of unlawful delivery of alcohol to a minor. On direct appeal,

first, with regard to the criminal sexual assault charges, defendant contends that the State did not

prove him guilty beyond a reasonable doubt. Defendant does not challenge the sufficiency of the

evidence supporting the unlawful delivery of alcohol to a minor charge. Defendant next argues

∗ This case was originally assigned to Justice Welch. For administrative reasons Justice Moore has been substituted on the panel for Justice Welch. Justice Moore has read the briefs in this case and has listened to the recording of oral argument. 1 that trial counsel was ineffective for failing to impeach the State’s witnesses with their prior

inconsistent statements. For the reasons that follow, we affirm defendant’s convictions.

¶3 I. BACKGROUND

¶4 This recitation of the facts includes only those facts necessary to resolve this appeal. We

will recite additional facts in the analysis section as needed to address the specific arguments of

the parties.

¶5 On March 25, 2022, defendant was charged by information with three counts of criminal

sexual assault. Count I alleged that defendant committed an act of sexual penetration in that he

placed his penis in the mouth of T.A.F. (T.F.) (D.O.B. 01/24/05), a family member under 18 years

of age, in violation of section 11-1.20(a)(3) of the Criminal Code of 2012 (Code). 720 ILCS 5/11-

1.20(a)(3) (West 2020). Counts II and III alleged that defendant committed acts of sexual

penetration in that he placed his penis in the anus and mouth, respectively, of C.L.B. (C.B.) (D.O.B.

08/13/2006 1), and that C.B. was unable to give knowing consent, in violation of section 11-

1.20(a)(2) of the Code. Id. § 11-1.20(a)(2). Counts I, II, and III were Class 1 felonies. Count IV

alleged that defendant committed the offense of unlawful delivery of alcohol to a minor, a Class

A misdemeanor, in that he provided both T.F. and C.B. with alcohol, knowing that they were under

the age of 21, in violation of section 6-16(a)(iii) of the Liquor Control Act of 1934. 235 ILCS 5/6-

16(a)(iii) (West 2020).

¶6 On August 15, 2022, defendant waived his right to a jury trial. The matter proceeded to a

bench trial on April 19, 2023. T.F. was the State’s first witness. T.F. testified that at the time of

the alleged conduct, he was 16 years old. He lived in an apartment in Golconda, Illinois, with his

1 The charging document erroneously listed C.B.’s date of birth as October 17, 2006. This was corrected, without objection, during trial. 2 grandmother, Gloria Ingle, and two younger cousins. Defendant was his uncle, and lived in the

apartment across from the apartment where T.F. lived with his grandmother and cousins. During

the pertinent time frame, T.F. spent time at his uncle’s apartment. During those visits, defendant

often gave him alcohol, specifically vodka and whiskey. T.F. testified that defendant never

provided him with beer, and that beer was not available in the apartment.

¶7 T.F. also testified that “sexual stuff” sometimes occurred during his visits with defendant.

When asked to describe the sexual activity, T.F. testified that “[u]sually it was he would have me

give him a blow job.” T.F. also testified that nothing else happened. The sexual conduct “[m]ost

likely” happened more than five times. When asked what would lead up to the sexual abuse, T.F.

testified that “[i]t would usually proceed with me joking around, getting on a porn site and then it

would arouse him and he would ask me to give him a blow job and I did.” When asked if

defendant’s penis ever entered his mouth, T.F. replied, “Yes, sir.” T.F. testified that the sexual acts

sometimes occurred in the bathroom, sometimes in the living room, and he believed it happened

once in the kitchen. Although T.F. admitted that he had been drinking when these acts occurred,

he denied that he was drunk. According to his testimony, defendant never ejaculated during these

acts. Afterwards, T.F. would usually go home and go to bed. No one witnessed T.F. performing

oral sex on defendant, and he never reported it to anyone.

¶8 T.F. testified that he was best friends with C.B., and that he introduced C.B. and defendant.

When the three of them were together, they would usually “drink alcohol and play poker or listen

to loud music.” Like with T.F., defendant also provided alcohol, including beer, to C.B. T.F. never

witnessed defendant and C.B. engaged in sexual activity. T.F. also testified that A.B. was his ex-

girlfriend, but that they were dating during the pertinent time period. T.F. moved out of his

3 grandmother’s home and started living with A.B. on the day he first disclosed the abuse. He never

saw defendant provide alcohol to A.B.

¶9 Turning T.F.’s attention to January 13, 2022, the State asked T.F. about the event leading

up to his disclosure of the abuse, first to his high school principal, Seth Graves, then to the Pope

County Sheriff, Jerry Suits. In response to a question from the prosecutor, T.F. testified that he

“believe[d]” defendant performed oral sex on T.F. T.F. testified that the day before the disclosure,

he went to the Dollar General store in Golconda with defendant, C.B., and A.B. They were in

defendant’s car. T.F. drove, A.B. was the front seat passenger, C.B. and defendant were in the back

seat. T.F. testified that he witnessed defendant touching and trying to kiss C.B., and that C.B. kept

telling defendant to stop. T.F. believed he saw defendant touching C.B.’s face and added that

“[t]here could have been more but that was so long ago.” T.F. testified that defendant became

angry, exited the car, and started walking towards the apartments.

¶ 10 On cross-examination, T.F. admitted that he argued with his grandmother and defendant

about him staying at A.B.’s home. T.F. “believed” that a fight he had with defendant over him

staying at A.B.’s was “pretty significant,” and admitted that he disclosed these allegations the very

next day. T.F. admitted that, because he wanted to go stay with A.B., he “got what he wanted”

after the disclosure, but denied making the allegations in order to get his way. T.F. testified that he

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Woodby v. Immigration & Naturalization Service
385 U.S. 276 (Supreme Court, 1966)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
People v. Schmalz
740 N.E.2d 775 (Illinois Supreme Court, 2000)
People v. Reid
688 N.E.2d 1156 (Illinois Supreme Court, 1997)
People v. Albanese
473 N.E.2d 1246 (Illinois Supreme Court, 1984)
People v. Villanueva
887 N.E.2d 765 (Appellate Court of Illinois, 2008)
People v. Young
538 N.E.2d 453 (Illinois Supreme Court, 1989)
People v. Kubik
573 N.E.2d 1337 (Appellate Court of Illinois, 1991)
People v. Penrod
737 N.E.2d 341 (Appellate Court of Illinois, 2000)
People v. Perry
864 N.E.2d 196 (Illinois Supreme Court, 2007)
People v. Cunningham
818 N.E.2d 304 (Illinois Supreme Court, 2004)
People v. Ortiz
752 N.E.2d 410 (Illinois Supreme Court, 2001)
People v. Pecoraro
677 N.E.2d 875 (Illinois Supreme Court, 1997)
People v. Collins
478 N.E.2d 267 (Illinois Supreme Court, 1985)
People v. Givens
934 N.E.2d 470 (Illinois Supreme Court, 2010)
People v. Manning
948 N.E.2d 542 (Illinois Supreme Court, 2011)
People v. Richardson
727 N.E.2d 362 (Illinois Supreme Court, 2000)
People v. Tolefree
2011 IL App (1st) 100689 (Appellate Court of Illinois, 2011)
People v. Gray
2017 IL 120958 (Illinois Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
2025 IL App (5th) 230710-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrell-illappct-2025.