People v. Metcalfe

2025 IL App (5th) 230516-U
CourtAppellate Court of Illinois
DecidedJuly 15, 2025
Docket5-23-0516
StatusUnpublished

This text of 2025 IL App (5th) 230516-U (People v. Metcalfe) 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. Metcalfe, 2025 IL App (5th) 230516-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (5th) 230516-U NOTICE Decision filed 07/15/25. The This order was filed under text of this decision may be NO. 5-23-0516 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1). APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Champaign County. ) v. ) No. 21-CF-329 ) LANELL J. METCALFE, ) Honorable ) Randall B. Rosenbaum, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________

PRESIDING JUSTICE McHANEY delivered the judgment of the court. Justices Cates and Boie ∗ concurred in the judgment.

ORDER

¶1 Held: The defendant’s conviction for predatory criminal sexual assault of a child is affirmed where the evidence overwhelmingly supported the jury’s guilty verdict and where the State’s witness’s reference to and the State’s closing argument regarding, the defendant’s jail status, were not plain error and did not support a claim of ineffective assistance of counsel.

¶2 Lanell Metcalfe was convicted of predatory criminal sexual assault of a child and sentenced

to 25 years in the Illinois Department of Corrections (IDOC). He argues on appeal that the evidence

was insufficient to support the jury’s finding of guilt beyond a reasonable doubt, and that

references to his jail status amounted to plain error, requiring a new trial. For the following reasons,

we affirm the defendant’s conviction and sentence.

∗ Justice Welch participated in oral argument. Justice Boie was later substituted on the panel and has read the briefs and listened to the recording of oral argument 1 ¶3 I. Background

¶4 On March 24, 2021, the defendant was charged with one count of aggravated criminal

sexual abuse in violation of section 11-1.60(c)(1) of the Criminal Code of 2012 (Code) (720 ILCS

5/11-1.60(c)(1) (West 2020)) and one count of predatory criminal sexual assault of a child in

violation of section 11-1.40(a)(1) of the Code (id. § 11-1.40(a)(1)). The matter proceeded to a jury

trial only on the predatory criminal sexual assault of a child count on January 30, 2023. The minor

child, M.J., who was 15 years old at the time of trial, testified first. On December 23, 2019, she

lived in a house in Champaign with her mother (Jasmine), the defendant, and her four siblings.

She and three of her siblings (one sister and two brothers) have the same father, who is not the

defendant. The youngest sibling’s father is the defendant, who had been residing with them for

approximately two years.

¶5 On that date, M.J. was sleeping in her room, which she shared with her sister. The

defendant awoke M.J. a little after midnight and asked if she wanted to go to the store, to which

she replied, “no.” The defendant left her room, and M.J. got up, went to the living room, and sat

with her mother, Jasmine, who was asleep on the couch. M.J. then returned to her room and laid

beside her sister. She fell asleep wearing underwear, a bra, a T-shirt, and shorts. The next thing

she remembered was waking up with the defendant, who was on top of her, being pulled off of her

by her mother. She noticed that she was on her stomach and that her underwear and shorts, which

had been at her waist when she fell asleep, had been pulled down to her knees. When the defendant

was being pulled off of her, she saw that his shorts were down at his knees, but she did not see his

penis. The defendant and her mother wrestled on the ground. While her bedroom had no lights on,

she had a curtain in the doorway which allowed some light through. M.J. was able to see it was

the defendant by his dreadlocks. Jasmine called the police and took M.J. to the emergency room.

2 M.J. never saw the defendant again.

¶6 Jasmine testified that she had five children. The defendant was the father of her youngest,

who was now three years old. The defendant had resided with her for almost two years. On the

night in question, Jasmine had fallen asleep on the couch with her youngest child, who was only a

few months old. At some point, she woke up because all the house lights were on. She got up to

turn them off. She did not turn off the bathroom light because she left that on for her youngest

daughter. She walked into M.J.’s room and saw the defendant on top of M.J. Both of them had

their pants down. M.J. was on her stomach, her shorts were pulled down to her knees, and Jasmine

could see M.J.’s bare buttocks. The defendant was on his knees, leaning over M.J., touching her.

She screamed his name and pulled the defendant off of M.J. The defendant said, “Baby, I’m sorry.”

They wrestled for a bit, and then he ran out the back door. She ran to her room, called the police,

and took M.J. to the emergency room.

¶7 Upon her return from the hospital, Jasmine noticed that her front door had been broken and

that the defendant’s coat, shoes, and pants were missing. When the defendant initially fled, he left

his cell phone and wallet. Jasmine had not seen the defendant since that night, and he had not

reached out to her in any way.

¶8 On cross-examination, Jasmine said that it was common for the defendant to play video

games or watch movies in M.J.’s room. She indicated that she owned a handgun, and after she

pulled the defendant off of M.J., she ran to her room to retrieve it. The defendant was aware that

she owned a gun, and she had told him that night that he was going to die. On redirect examination,

Jasmine testified that when she went into M.J.’s room, she did not see the defendant’s penis. She

did see saw his buttocks.

¶9 Rebecca Powers, a registered nurse employed by Carle Foundation Emergency

3 Department, testified that she performed a sexual assault examination on M.J. This examination

involved collecting M.J.’s clothing, which included a pair of black shorts, her blue shirt, and her

bra and underwear. After collecting the clothing, Powers did a physical exam and found no external

injuries. After the exam, M.J. then told Powers that during that night, the defendant came into her

room several times. The first time, he woke her up and asked if she was okay, to which she said

“yes” and fell back asleep. The second time, he asked her if she wanted to go to the store to get

some snacks, to which she said “no.” Another time, he pulled on her leg, retrieved a movie, and

then left. He came into her room a fourth time and pulled on her leg. She questioned him, which

made him angry. He frowned, sighed heavily, and left. M.J. did not tell Powers anything about the

assault. Powers obtained a vaginal swab from in between M.J.’s labia, an anal swab from her

circumference of her anus, and oral swabs for DNA analysis.

¶ 10 On cross-examination, defense counsel elicited additional testimony from Powers

regarding information that M.J. had reported to her during the questioning of what events had

transpired. Powers testified that M.J. indicated she had gone to the bathroom that night and, at one

point, had taken out her laptop to listen to music. Powers also elaborated on her findings during

the sexual assault examination. She indicated that during M.J.’s physical exam, Powers noted on

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