People v. Mims

561 N.E.2d 1101, 204 Ill. App. 3d 87, 149 Ill. Dec. 405, 1990 Ill. App. LEXIS 1432
CourtAppellate Court of Illinois
DecidedSeptember 20, 1990
Docket1-87-3376
StatusPublished
Cited by18 cases

This text of 561 N.E.2d 1101 (People v. Mims) 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. Mims, 561 N.E.2d 1101, 204 Ill. App. 3d 87, 149 Ill. Dec. 405, 1990 Ill. App. LEXIS 1432 (Ill. Ct. App. 1990).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Following a jury trial, defendant, Johnny Ray Mims, was found guilty of criminal sexual assault and sentenced to six years in the Illinois Department of Corrections.

On appeal, defendant argues that he should be granted a new trial because the court committed plain error by: (1) allowing the victim’s sister to relate a conversation she had with the victim the day after the alleged rape; (2) admitting into evidence an unsigned transcription of defendant’s inculpatory statements; and (3) ruling that evidence of prior misdemeanor offenses could be used to impeach defendant if he exercised his right to testify in his own defense.

We affirm.

Background

The complaining witness, Rosalind H., testified at trial that she first met defendant on July 4, 1986, when he spoke to her from a car as she walked down the street near her home. The following day, defendant drove by Rosalind’s residence and invited her to join him at the Taste of Chicago. He left when she declined.

Four months later, on October 20, 1986, defendant stopped by her house. Rosalind spoke with him for 20 to 25 minutes. When he invited her to ride with him to pick up a friend who lived nearby, she declined, stating that she was “waiting for somebody.” He persisted, and she eventually agreed to accompany defendant to his friend’s house. They went to pick up Oliver Foster, who asked defendant to return later because he was not yet ready.

Defendant then told Rosalind that she could go with him to “pick up some packages” which contained marijuana. The first attempt to buy marijuana failed and defendant told Rosalind he needed to go to his house to get more money. Defendant drove home and stayed inside for 30 minutes while Rosalind remained in the car. She complained about the time it had taken when defendant returned to the car, but agreed to drive with him to another location so that defendant could purchase marijuana. After they did so, defendant drove back to pick up Foster. When Foster told defendant he still was not ready, Rosalind agreed to go to the park with defendant to smoke some marijuana. On the way, defendant bought a 40-ounce bottle of Red Bull beer.

Instead of going to the park, defendant took Rosalind to a “gravel-like abandoned road” behind the park. No one was around and there were no lights. Defendant rolled a joint and drank some beer. Rosalind testified that she did not drink alcohol. She did accept the marijuana cigarette, however, stating that she “pulled on it” and gave it back. Then she told him she wished to go home.

Defendant put his arm around her, asking what was wrong. She moved away, stating that she was “not into touching.” He became aggressive, grabbing her wrist and swinging his body over upon her. He pinned her hands to her side. She struggled with defendant, who told her to calm down and he would release her.

She struggled with him until they fell out of the car. She got up to run but he grabbed her from behind and they fell. She screamed and he covered her mouth, twisting her arm. He asked if she were “crazy” and told her to be quiet because he had a lot to lose.

Rosalind further testified that he forced her back into the car and shoved her into the back seat. He got on top of her. She was screaming but stopped after defendant threatened to burn her with a light bulb he took from the car. She testified that she was frightened.

Defendant then sexually assaulted her, partially undressing her and forcibly engaging in sexual intercourse with her. During the attack she turned her head to the side and she was crying. Defendant then told her to get up and allowed her to pull up her underwear. She testified that he kept telling her to stop crying and that he was sorry. He said he did not mean to do what he had done. He also told her he always got what he wanted.

Defendant then drove Rosalind home, stopping first to pick up his friend, Foster. Rosalind did not say anything to Foster or defendant during the drive. She sat as far from defendant as possible, staring straight ahead and saying nothing. When he dropped her off at her house she jumped out and defendant followed her, saying that he would see her the next evening.

Rosalind went inside, telling her mother “nothing” when asked what was wrong. She testified that she was frightened and ashamed. Rosalind went into her sister’s room, woke her up, and began crying. She told her sister, Deborah H., that “something happened” with defendant and said she would talk about it later.

The next morning Rosalind and Deborah went on an errand. Rosalind told Deborah the details of the attack and Deborah persuaded her sister to tell their mother what had happened. The victim’s mother, Rosa H., took her daughter to the police station, along with the clothes she had been wearing the night before.

Two days after the assault, Rosalind identified defendant by selecting his photograph from several others.

At trial, Rosa testified that her daughter was crying when she returned home on October 20 and that her dress was torn. Rosalind appeared tense and shaking but did not want to talk.

Deborah, the victim’s sister, corroborated the testimony of Rosa and Rosalind. She testified that Rosalind had come into her room that night and then gave her the details of the attack the following day.

Oliver Foster, defendant’s long-time friend, also testified for the State. He corroborated Rosalind’s testimony regarding the number of times defendant went to pick him up. When he got into the car with defendant and Rosalind, he sat in the back seat. He noticed that Rosalind was “quiet and distant” when defendant leaned over to speak to her and that she stared straight ahead. When she jumped out of the car at her house, defendant followed her and spoke to her, but Foster could not hear the words. She seemed to be in a hurry to get to the house. Then Foster and defendant drove to Foster’s house and talked. Defendant told Foster that Rosalind did not want to have sex with him but that “eventually they had sex.” According to Foster, defendant characterized the whole incident as “scary.”

Other evidence indicated that the seminal material in the victim’s panties could have been defendant’s, that the police found a 40-ounce bottle of Red Bull from the crime scene, and that an officer had found at the scene a letter addressed to defendant.

Defendant agreed to be interviewed and waived his Miranda rights before speaking to the police.

According to the testimony of a police detective and an assistant State’s Attorney, defendant admitted to them that Rosalind did not want to leave with him but that he persuaded her to, and that they went to buy marijuana and beer. He drove her to the gravel road and he began making advances, which were not accepted or returned. He persisted anyway. Rosalind told him to stop but he continued because he was sexually excited. She jumped out of the car, falling in the process, and started screaming. He put his hand over her mouth, telling her to stop screaming and that he had a lot to lose.

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Bluebook (online)
561 N.E.2d 1101, 204 Ill. App. 3d 87, 149 Ill. Dec. 405, 1990 Ill. App. LEXIS 1432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mims-illappct-1990.