People v. Herring

754 N.E.2d 385, 324 Ill. App. 3d 458, 257 Ill. Dec. 727, 2001 Ill. App. LEXIS 598
CourtAppellate Court of Illinois
DecidedJuly 27, 2001
Docket1 — 00—1353
StatusPublished
Cited by27 cases

This text of 754 N.E.2d 385 (People v. Herring) 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. Herring, 754 N.E.2d 385, 324 Ill. App. 3d 458, 257 Ill. Dec. 727, 2001 Ill. App. LEXIS 598 (Ill. Ct. App. 2001).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Following a bench trial, defendant, Steven Herring, was convicted of two counts of home invasion and four counts of aggravated criminal sexual assault. He was sentenced to six years’ imprisonment for each count of aggravated criminal sexual assault, with the terms to run consecutively, and one year’s imprisonment for home invasion, to run concurrently. Defendant appeals his conviction arguing that he was not proved guilty beyond a reasonable doubt of four separate acts of aggravated criminal sexual assault where there was testimony as to only three acts of penetration. We also granted defendant’s request to file a supplemental brief in which he contends that the recent decision by the United States Supreme Court, Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), requires his sentences to run concurrently because he was not afforded a jury determination of the aggravating factors used to enhance his sentence. We affirm.

•1 The standard for reviewing the sufficiency of the evidence in a bench trial is the same as it is in a jury trial. People v. Howery, 178 Ill. 2d 1, 38, 687 N.E.2d 836, 854 (1997). The reviewing court applies the reasonable doubt standard as set forth in People v. Collins, 106 Ill. 2d 237, 478 N.E.2d 267 (1985). This standard of review 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. Collins, 106 Ill. 2d at 261, 478 N.E.2d at 277. This standard is applicable in all criminal cases, regardless of whether the evidence is direct or circumstantial, and allows the trier of fact to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. People v. Campbell, 146 Ill. 2d 363, 374-75, 586 N.E.2d 1261, 1266 (1992). Under this standard, we will not reverse a criminal conviction unless the evidence is so unreasonable, improbable, or unsatisfactory as to justify a reasonable doubt of the defendant’s guilt. Campbell, 146 Ill. 2d at 375, 586 N.E.2d at 1266. This test has not been met in the present case.

In making its ruling, the trial court found that the victim in this case was absolutely and totally credible and that her testimony was compelling, honest, and straightforward. The court further noted that the victim’s testimony was corroborated by both a security officer and a police officer, as well as the stipulated medical testimony. The court determined that these factors, in addition to the physical evidence and in further consideration of the “absolutely and totally incredible testimony of the defendant,” led to the court’s decision that the State had met its burden of proof.

The court went on to state as follows:

“I just want the record to be perfectly clear that I find there were 4 separate individual sex acts; the two that occurred in the apartment, and the two that occurred in the basement cellar, for lack of a better way of describing the room where those later in time sexual offenses occurred.”

It is defendant’s position that the State failed to sustain its burden as to the second of the two offenses that occurred in the apartment.

The victim in this case was a 31-year-old woman who lived alone in a second-floor apartment in Chicago. On April 27, 1998, the victim was sitting on the toilet with the bathroom door open. She heard a loud noise and saw defendant running toward her. She jumped up and tried to push the door closed, but defendant pushed it open. The victim screamed and banged on the wall to try to tell her neighbor to call the police. She then grabbed the toilet lid and hit defendant on the head with it. Defendant grabbed the victim by the neck and choked her. He told her that if she kept .screaming, he would kill her. He punched her in the face with his closed fist. He hit her in her lip and face. As they were fighting, they fell to the floor. The victim then grabbed a bleach bottle from underneath the sink and threw bleach in defendant’s face. She then tried to escape to the front door, but defendant grabbed her by the back of her hair and pulled her into the living room. The victim also testified that, at the time defendant was moving her to the living room, she saw a knife in his hands. Once in the living room, a struggle ensued. The defendant and the victim tripped over the coffee table, knocking out the glass top. The victim fell on the couch. Defendant told the victim to “shut up” and called her a “bitch.”

It was at this point that the defendant then committed the first of the four sexual offenses. Regarding the first sexual offense that occurred inside the apartment, which is not at issue in this appeal, the victim testified as follows:

“Q. What happened next while you were in the living room on the couch?
A. He started trying to pull my shirt off.
Q. Now at the time that’s going on, tell the Judge what it was that you were wearing at the time?
A. I was wearing a black, like a — like a black whole piece cat suit.
Q. Is it a whole one piece outfit?
A. Yes.
Q. When he started to remove your clothes what did he do?
A. He was pulling it, pulling it down.
Q. Did he manage to do anything with the clothes?
A. Yes.
Q. What did he do?
A. He ripped it.
Q. And then what happened?
A. That’s what [sic] he started like unbuttoning his pants.
* * *
Q. When you say he was doing something with his pants, what did he do?
A. He unzipped him.
Q. He unzipped them? Did he lower them or just unzip them?
A. He unzipped them.
Q. Did he do anything once the pants were unzipped?
A. He took out his privates.
Q. When you say his ‘privates,’ what part of his body did you see?
A. His penis.
Q. Once his penis was out did anything happen?
A. Yes. He tried to start putting it in my mouth.
Q. Did his penis ever actually make contact with your mouth?
A. Yes.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
754 N.E.2d 385, 324 Ill. App. 3d 458, 257 Ill. Dec. 727, 2001 Ill. App. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herring-illappct-2001.