People v. Lissade

935 N.E.2d 1041, 403 Ill. App. 3d 609, 343 Ill. Dec. 813, 2010 Ill. App. LEXIS 879
Appellate Court of Illinois·Decided August 23, 2010·No. 2-08-1090·Published·Cited by 24 cases

Opinion

JUSTICE JORGENSEN

delivered the opinion of the court:

Following a bench trial, defendant, Ricardo Lissade, was found guilty of unlawful restraint (720 ILCS 5/10 — 3(a) (West 2008)) and domestic battery (720 ILCS 5/12 — 3.2(a)(1) (West 2008)), and he was sentenced to five years’ imprisonment on the unlawful restraint conviction. On appeal, defendant contends that his conviction of unlawful restraint must be vacated and that he should be sentenced on the lesser included offense of domestic battery, because the State failed to prove beyond a reasonable doubt that he knowingly detained the victim. We disagree, and, thus, we affirm.

The evidence presented at trial revealed the following. Defendant and the victim, Jana Sandness, were in a relationship. Two children, Ricky and Jaylen, were born to the couple during that relationship. Toward the end of the couple’s relationship, they lived together in a townhouse. When the relationship ended in May 2007, defendant moved out of the townhouse, but Sandness and the children continued to live there. When defendant moved out, Sandness never changed any of the locks on the doors or the code to get into the garage using the keyless entry pad. To cut down on expenses, Sandness shared the townhouse with a roommate, Marianna Robles, after May 2007.

On the evening of November 2, 2007, defendant was upset because Sandness had begun dating another man, and defendant did not want Sandness’s new boyfriend to be around Ricky and Jaylen. Defendant attempted to call Sandness to tell her that he was coming over to the townhouse to take the children away from her, but Sandness would not answer her phone. Because Sandness would not answer, defendant sent a text message to Sandness, threatening to take Ricky and Jaylen. Sandness, who was scared by defendant’s threats, attempted to temporarily change the code on the keyless entry pad leading into the garage, but, because she was so scared, she was unable to do it successfully.

Sandness texted Robles, who was waitressing, to tell her that defendant had threatened to come over and take the children. Robles did not respond to the text but, rather, waited to talk with Sandness when Robles got home from work. When Robles came home later that night, Sandness was scared. Robles talked with Sandness until midnight, when Sandness went to sleep in the master bedroom. Ricky, who was five years old, was sleeping in the bed with Sandness. Robles fell asleep on the living room couch at 2 a.m. and was awakened around 4:30 a.m. when she heard defendant enter the house through the garage.

When Robles heard defendant, she went upstairs to wake Sandness. Sandness reached for her cellular phone, which was recharging on the nightstand by the bed. Before she could get her phone, defendant grabbed it from Sandness, breaking the charger in the process. Defendant began swearing at Sandness, calling Sandness a “bitch” and ordering Sandness to get Ricky and Jaylen ready to leave with defendant. Defendant then went into the children’s room, where Jaylen, who was an infant, was crying in his crib. Defendant picked Jaylen up, but Sandness took Jaylen from defendant, held Jaylen close to her, and went downstairs. Defendant followed.

Sandness sat on the couch, holding Jaylen, and Robles and Ricky sat next to her. Robles attempted to call the police on her cellular phone, but, before she was connected to the police department, defendant grabbed the phone from her, breaking it.

Then, using one hand, defendant grabbed Sandness by the throat, pushed her up against the couch very hard, and began choking her. Sandness, who was still holding Jaylen, became pale and was gasping for air. While choking Sandness, defendant looked Sandness in the eyes and asked, “Do you think I am afraid to kill you, bitch?” Sandness, who thought that defendant was going to kill her, let go of Jaylen. She then kicked at defendant and grabbed at his hand that was around her throat in an attempt to free herself from defendant, but she was unsuccessful. Sandness stated that she could not move when defendant was choking her, because defendant was “very, very strong that night.” Robles intervened and tried to get defendant off of Sandness. Robles stated that she was unable to free Sandness from defendant’s grasp, as defendant was a “solid rock.” Using his other hand, defendant then grabbed Robles by the back of her neck. Ricky, who was observing what was happening, said something, and defendant let go of both Sandness and Robles.

Robles retrieved her coat and went to a neighbor’s house to call the police. After the police arrived, photographs were taken of Sandness’s injuries, which included bruising and swelling around her neck. Defendant was arrested and questioned by the police. When asked what he was thinking about as he was choking Sandness, defendant said that he was thinking about how he wanted his children with him and did not want Sandness to hurt them. Defendant also indicated that he knew that if he did not stop choking Sandness, she would die, but he did not know why he stopped choking Sandness.

In finding defendant guilty of unlawful restraint, the trial court made the following statement:

“That brings us to the unlawful restraint. That’s a lot more easily resolved, at least for me. As I said, the defendant was holding the victim down on the couch choking her. As the indictment says, the defendant knowingly without legal authority detained Jana Sandness and that he restrained her by grabbing her about the neck, would not allow her to escape from his grasp. That is exactly what he did. He held her against the couch. There was a struggle as I have already found for an appreciable amount of time. She tried to get away. He wouldn’t release her, at least until later, and it actually took the intervention of a third party, Miss Robles, in order to get her out of there.
*** [Defendant] unlawfully restrained [Sandness], I have absolutely no hesitation in finding based upon my review of the evidence that defendant is guilty of that offense.”

At issue in this appeal is whether defendant was proved guilty beyond a reasonable doubt of unlawful restraint. When reviewing a challenge to the sufficiency of the evidence, we consider whether, viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Wheeler, 226 Ill. 2d 92, 114 (2007). The critical inquiry in reviewing the sufficiency of the evidence is whether the record evidence could reasonably support a guilty finding, regardless of whether the evidence is direct or circumstantial and whether the trial was by bench or by jury. Wheeler, 226 Ill. 2d at 114. Because the trier of fact is best positioned to judge the credibility of the witnesses and resolve disputes in the evidence, its decision is entitled to great deference. Wheeler, 226 Ill. 2d at 114-15. Thus, we do not retry the defendant when evaluating the sufficiency of the evidence and will reverse the defendant’s conviction only where the evidence is so unreasonable, improbable, or unsatisfactory that it justifies a reasonable doubt of the defendant’s guilt. Wheeler, 226 Ill. 2d at 115.

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People v. Lissade, 935 N.E.2d 1041, 403 Ill. App. 3d 609, 343 Ill. Dec. 813, 2010 Ill. App. LEXIS 879 (Ill. Ct. App. 2010).

935 N.E.2d 1041 (People v. Lissade) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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