People v. Gutierrez

606 N.E.2d 372, 238 Ill. App. 3d 339, 179 Ill. Dec. 540, 1992 Ill. App. LEXIS 1807
CourtAppellate Court of Illinois
DecidedNovember 12, 1992
DocketNo. 1—90—0105
StatusPublished

This text of 606 N.E.2d 372 (People v. Gutierrez) 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. Gutierrez, 606 N.E.2d 372, 238 Ill. App. 3d 339, 179 Ill. Dec. 540, 1992 Ill. App. LEXIS 1807 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, defendant, Carlos Gutierrez, was found guilty of aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, par. 12—14), aggravated kidnapping (Ill. Rev. Stat. 1987, ch. 38, par. 10—2), kidnapping (Ill. Rev. Stat. 1987, ch. 38, par. 10—1), and false personation of the police (Ill. Rev. Stat. 1987, ch. 38, par. 17—2). He was acquitted of the robbery charge. Defendant was sentenced to 16 years in the Department of Corrections for aggravated criminal sexual assault and various counts of kidnapping. He was also sentenced to a concurrent three-year term for false personation of a peace officer. Defendant now appeals his convictions.

On appeal, defendant contends that (1) the State failed to prove him guilty beyond a reasonable doubt of aggravated criminal sexual assault; (2) the trial court erred in admitting evidence of an eight-year-old incident where he had posed as a peace officer and attempted to force a woman and her young child into his car; (3) the trial court erred in admitting complainant’s statements to her mother, overheard by a witness for the State; (4) the prosecutor’s comments during closing arguments denied him a fair trial; (5) the trial court abused its discretion in imposing a sentence above the minimum statutory requirement; (6) the cumulative effect of trial errors denied him a fair trial; and (7) he was entitled to a hearing regarding his fitness to stand trial.

We affirm.

On the evening of November 23, 1988, the 25-year-old complainant and her 18-month-old son were waiting for the “El” at 19th and California Avenue, in Chicago, after leaving her mother’s home. Because it was cold, complainant decided to take the bus. As she began walking toward the bus stop, defendant drove up and offered her a ride. She accepted a ride to Jackson Street. Shortly after they drove off, defendant pulled out what appeared to be a police badge. Complainant testified that defendant told her that he was an undercover policeman. He told her that he would take her to jail for prostitution and that her baby would be taken from her unless she agreed to cooperate.

Defendant turned into a vacant lot at Taylor Street. He threw complainant’s baby into the back seat and then forced complainant to engage in oral and vaginal sex. She asked defendant why he was doing this to her. She testified that he responded, “You know why.” Complainant further testified that he was unconcerned when she told him shortly before they had intercourse that she was two months pregnant.

After having intercourse in the car, defendant complained that the car was not big enough and that they were going to a hotel. At this point, the baby began to cry. When complainant reached for the baby, defendant slapped her hand and handcuffed her left wrist while holding onto the other end of the cuff. Defendant took the $10 complainant had borrowed from her mother and drove to a hotel. He stopped at a pay telephone nearby and told complainant that she was allowed one call. Defendant led her out of the car, leaving her baby behind. Complainant tried to call her mother, but after the telephone rang twice defendant hung up the receiver. Complainant’s mother later testified that the telephone did ring around the time her daughter indicated, but when she picked up the receiver no one was on the line.

After leaving the public telephone, defendant and complainant returned to the car. Complainant was handcuffed to the steering wheel while defendant checked into the hotel. In his own defense, defendant testified that it was complainant who was initially curious about the handcuffs and that she voluntarily offered her left wrist to try them out. However, the witness stated that it must have been laziness or stupidity that prompted him to attach the other cuff to the steering wheel.

Complainant was able to free herself by squeezing her hand out of the handcuff, which resulted in scratches to her wrist and hand. Police officers Steven Tribe and Patrick O’Donovan confirmed the injuries to complainant’s hand. After escaping with her child, complainant began knocking on doors in the area, begging for help. Finally, Patrick O’Reilly agreed to allow her to use his telephone. O’Reilly heard complainant tell her mother how she had been raped. He then spoke to her mother and decided to bring complainant home himself.

Complainant’s mother testified as to the conversation with her daughter. The witness stated that complainant was crying, upset, and said she had been raped. When complainant was returned home, her mother called the police. Officer Tribe testified as to the events leading to the arrest of defendant. Complainant identified defendant’s red car parked outside of a tavern. Officers Tribe and O’Donovan entered the tavern and saw the handcuffs on defendant’s person. After arresting him, they found the wallet containing the fake police badge. When the police brought the defendant out of the tavern, complainant identified him as the man who raped her. Later, defendant told police that he was a security guard at a Zayre department store.

At trial, defendant testified in his own defense. He stated that complainant told him that he could have a “date” for $10. He further testified that the intercourse between them was consensual and that it was her decision that they continue in a hotel.

Felisitas Huertas, an immigrant from Mexico, also testified for the State. On May 28, 1980, she was walking with her one-year-old daughter shortly after midnight. At the intersection of Campbell and Taylor Streets, a man got out of a red car and told her that he was from “Immigration.” He wanted money and if she refused they were going to go to her house to get her “papers.” He then grabbed Huertas and attempted to drag her to his car. She identified defendant as the man who approached her.

First defendant contends that the State failed to prove him guilty beyond a reasonable doubt. We begin our analysis with the standard of review. “ ‘[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” (Emphasis omitted.) People v. Young (1989), 128 Ill. 2d 1, 49, quoting Jackson v. Virginia (1979), 443 U.S. 307, 318-19, 61 L. Ed. 2d 560, 573-74, 99 S. Ct. 2781, 2788-89.

In the case at bar, defendant was charged with various counts of criminal sexual assault. Despite defendant’s denial of guilt, the charges may be upheld if there is “some corroboration of the prosecuting witness or where that testimony is otherwise clear and convincing.” (People v. Geneva (1990), 196 Ill. App. 3d 1017, 1026.) An even more recent case reads: “If the victim’s story is consistent and any discrepancies do not detract from its reasonableness, the victim’s testimony can be clear and convincing.” People v. Stengel (1991), 211 Ill. App. 3d 337, 345.

Here, complainant gave a thorough account of the incident which took place on November 23, 1988. There was also corroboration of her account by her mother with whom she spoke over the telephone shortly after the rape. O’Reilly, who let complainant use his telephone when she banged on his door for help, corroborated her story.

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

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
People v. Fuller
454 N.E.2d 334 (Appellate Court of Illinois, 1983)
People v. Kimbrough
485 N.E.2d 1292 (Appellate Court of Illinois, 1985)
People v. Young
538 N.E.2d 453 (Illinois Supreme Court, 1989)
People v. Barbour
436 N.E.2d 667 (Appellate Court of Illinois, 1982)
People v. Palmer
545 N.E.2d 743 (Appellate Court of Illinois, 1989)
People v. Stengel
570 N.E.2d 391 (Appellate Court of Illinois, 1991)
People v. Olesch
492 N.E.2d 1381 (Appellate Court of Illinois, 1986)
People v. Graca
580 N.E.2d 1328 (Appellate Court of Illinois, 1991)
People v. Howard
568 N.E.2d 56 (Appellate Court of Illinois, 1991)
People v. Streit
566 N.E.2d 1351 (Illinois Supreme Court, 1991)
The People v. Montgomery
268 N.E.2d 695 (Illinois Supreme Court, 1971)
People v. Enoch
522 N.E.2d 1124 (Illinois Supreme Court, 1988)
People v. Albanese
464 N.E.2d 206 (Illinois Supreme Court, 1984)
People v. Geneva
554 N.E.2d 556 (Appellate Court of Illinois, 1990)
People v. Williams
582 N.E.2d 1355 (Appellate Court of Illinois, 1991)
People v. Brown
574 N.E.2d 190 (Appellate Court of Illinois, 1991)
People v. Gibbs
590 N.E.2d 979 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 372, 238 Ill. App. 3d 339, 179 Ill. Dec. 540, 1992 Ill. App. LEXIS 1807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gutierrez-illappct-1992.