People v. Freeman

538 N.E.2d 681, 182 Ill. App. 3d 731, 131 Ill. Dec. 306, 1989 Ill. App. LEXIS 538
CourtAppellate Court of Illinois
DecidedApril 25, 1989
Docket1-86-2023
StatusPublished
Cited by7 cases

This text of 538 N.E.2d 681 (People v. Freeman) 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. Freeman, 538 N.E.2d 681, 182 Ill. App. 3d 731, 131 Ill. Dec. 306, 1989 Ill. App. LEXIS 538 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE BILANDIC

delivered the opinion of the court:

Defendant, Johnny Freeman, was convicted by a jury of criminal sexual assault, aggravated criminal sexual assault, aggravated kidnapping and murder of a five-year-old girl. He was sentenced to life imprisonment without parole for murder, a consecutive sentence of 60 years in prison for aggravated criminal sexual assault, and a consecutive sentence of 15 years in prison for aggravated kidnapping. The conviction for criminal sexual assault merged into the conviction for aggravated criminal sexual assault.

Since defendant has not raised any issue on appeal relative to the sufficiency of the evidence, a detailed recital of facts is not necessary.

The evidence supporting the conviction established that defendant took the victim, a five-year-old female, from the fifth floor to a fourteenth-floor apartment of the Henry Horner Homes in Chicago. After committing criminal sexual assault on the victim, he shoved the victim out of a window. When the victim grabbed the edge of the window and screamed for her mother, defendant shoved her a second time. The victim fell to the ground 14 floors below. She was pronounced dead at Cook County Hospital.

Testimony of an eye witness, coupled with defendant’s confession, is part of the overwhelming evidence of defendant’s guilt.

Defendant appeals his conviction and sentence.

I

Defendant contends that certain comments made by the trial judge during voir dire examination of the jury constitute reversible error and require a new trial.

Prior to voir dire, the court told the venire of their responsibility in determining guilt or innocence and that a finding of guilt depended on the State meeting its burden. During voir dire, two prospective jurors stated that they could not put aside their prejudices based on the charges. The court told the two jurors specifically and the jurors as a whole:

“We are not here to determine the caliber of the crime that I mentioned. We are here to determine whether or not the State can prove beyond a reasonable doubt that this defendant committed the crime.
Because one crime has been committed we do not want to perpetuate it by committing a second and convicting the wrong person. That is the reason we are having a trial.
So again, we are not here to determine whether or not a crime has been committed, but whether or not the State can prove beyond a reasonable doubt that this defendant committed that crime. Again, as I pointed out, we don’t want to make two mistakes.”

Objections from both the defendant and the State were overruled.

After the jury had been selected and immediately prior to opening statements of counsel, the court told the jury that any remarks he “made or will be making” during the proceedings “are not to be considered by you in the course of what your deliberations are or what your verdicts ought to be” and reminded them of the State’s burden and their responsibility as jurors.

After all of the evidence was presented and counsel made their closing arguments, the court instructed the jury regarding the law to be applied. The instructions included Illinois Pattern Jury Instructions, Criminal, No. 1.01 (2d ed. 1981), which states, inter alia: “Neither by these instructions nor by any ruling or remark which I have made do I mean to indicate any opinion as to the facts or as to what your verdict should be.” The jury was also properly instructed on the elements of each offense and their duty to find that each element of each offense was proved beyond a reasonable doubt.

In order for the comments by a judge to constitute reversible error, the defendant must show that the remarks were prejudicial and that he was harmed by them. (People v. Heidorn (1983), 114 Ill. App. 3d 933, 937, 449 N.E.2d 568.) A reviewing court does not need to determine whether the record in a criminal case is perfect, but has to ensure that the defendant had a trial free from substantial and prejudicial errors. People v. Conrad (1967), 81 Ill. App. 2d 34, 54, 225 N.E.2d 713, aff’d(1968), 41 Ill. 2d 13, 241 N.E.2d 423.

The instant case involved overwhelming evidence of guilt. We fail to see any possibility that the court’s comments constituted a material factor in defendant’s conviction. The jury was admonished twice to disregard such comments and was properly instructed as to the law. Therefore, upon thorough review of the record, we find that defendant has received a fair trial and any comments made did not rise to the level of prejudicial error.

II

Defendant next argues that the life in prison statute does not allow a life sentence without parole for defendants who were 17 years old or younger at the time of the offense. (Ill. Rev. Stat. 1985, ch. 38, par. 1005 — 8—1.) Thus, defendant requests that this cause be remanded for new sentencing.

Where the legislature has decided to limit the imposition of a particular sentence to offenders above a certain age it has done so by express language. (See, e.g., Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 1(b), 1005 — 5.2(b).) The lack of language limiting the imposition of a natural life sentence to offenders of a certain age indicates that the provision is generally applicable to defendants of any age who are convicted of murder. People v. Cooney (1985), 136 Ill. App. 3d 989, 1010-11, 484 N.E.2d 802, cert. denied (1986), 476 U.S. 1159, 90 L. Ed. 2d 720, 106 S. Ct. 2278.

The third district has examined the life imprisonment statute twice and concluded that it applies to defendants of any age. In People v. Darnell (1981), 94 Ill. App. 3d 830, 419 N.E.2d 384, the court held that life imprisonment was appropriate where a 15-year-old defendant was convicted of a brutal and heinous murder that was committed in the course of another felony and that felony, like here, was rape of a girl under the age of 13. In People v. Walker (1985), 136 Ill. App. 3d 177, 483 N.E.2d 301, the court found that a life sentence was appropriate for a defendant who was 17 when he committed murder. We find these cases dispositive. Therefore, we will not disturb the defendant’s sentence of life imprisonment.

Ill

Defendant next argues that the trial court’s sentence of life in prison plus two consecutive terms totalling 75 years Violated section 5 — 8—4 of the Unified Code of Corrections. (Ill. Rev. Stat. 1985, ch. 38, par. 1005 — 8—4.) Defendant asks that the terms be made concurrent.

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Cite This Page — Counsel Stack

Bluebook (online)
538 N.E.2d 681, 182 Ill. App. 3d 731, 131 Ill. Dec. 306, 1989 Ill. App. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-freeman-illappct-1989.