People v. Moreira

880 N.E.2d 263, 378 Ill. App. 3d 120, 316 Ill. Dec. 785, 2007 Ill. App. LEXIS 1395
CourtAppellate Court of Illinois
DecidedDecember 27, 2007
Docket2-05-1265
StatusPublished
Cited by15 cases

This text of 880 N.E.2d 263 (People v. Moreira) 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. Moreira, 880 N.E.2d 263, 378 Ill. App. 3d 120, 316 Ill. Dec. 785, 2007 Ill. App. LEXIS 1395 (Ill. Ct. App. 2007).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

Following a bench trial, defendant, Jorge A. Moreira, was convicted of home invasion (720 ILCS 5/12 — 11(a)(2) (West 2004)) and residential burglary (720 ILCS 5/19 — 3(a) (West 2004)). The trial court denied defendant’s motion for a new trial and sentenced him to concurrent 12- and 10-year terms of imprisonment. Defendant appeals, challenging the sufficiency of the evidence for the two convictions and arguing that his sentences are excessive. We affirm.

I. BACKGROUND

Margaret Gubbins, age 25 and the victim, testified that, on May 30, 2005, she was alone in her apartment, No. 11, at 2239 Oak Ridge Drive in Aurora. She lived there with her boyfriend. The unit is a ground-level apartment with an entry door and a sliding glass patio door. Shortly before midnight, Gubbins left her apartment to purchase cigarettes. She exited through the entry door, which automatically locks. She testified that the sliding glass door was probably unlocked. Gubbins had had several beers during the day, but believed that she was not intoxicated. She was gone for about 15 or 20 minutes.

When she returned sometime after midnight, Gubbins noticed that someone was walking in her apartment. She thought that it was her boyfriend. Gubbins unlocked her front door, entered the unit, and turned on the lights. She saw a figure lying on the floor behind the couch. Gubbins first thought that it was her boyfriend, but then, when the head popped up, she noticed that it was defendant. Gubbins screamed, “What the f— are you doing in my apartment?” Defendant stood up and looked shocked. According to Gubbins, she kept yelling at defendant to stay in place. She attempted to retrieve her telephone to call 911. Defendant spoke to Gubbins in Spanish, which she does not speak. It sounded like he was saying “no, no, no...señora, señorita.” Defendant had his hands up in front of him, palms facing out.

Gubbins locked the front door, which was behind her, grabbed her telephone, and walked toward the sliding glass door to lock it. She wanted to keep defendant in her apartment because she thought that he was stealing from her and she wanted to call 911. Before she reached the door, defendant tried to grab the telephone out of her hand and started hitting her arm. Gubbins denied that she told a police officer that she locked the patio door. Defendant then “shoved” Gubbins onto the ground and started punching her in the eye. Defendant also bit Gubbins on the forehead, wrist, and back. He reached underneath her shirt and bra and fondled her breast. Defendant attempted to pull down Gubbins’s shorts. Gubbins tried to scream, but defendant covered her mouth with his hand. He used his other hand to stick his fingers up her nose.

Gubbins stopped fighting for a bit, and defendant eased up. Gubbins, who is 5 feet 11 inches tall, was then able to stand while struggling with defendant. As she fought with defendant, she grabbed a steak knife off of the kitchen counter and held it to defendant’s rib cage. She did not stab him. Gubbins continued holding the knife at defendant’s side and made her way toward the front door. She opened the door and screamed for help. Defendant released Gubbins and ran down the sidewalk. Gubbins fell to the ground outside of her front door and wept.

A neighbor across the complex and above Gubbins’s apartment offered to call 911. Two men on the balcony across the way asked Gubbins what had happened, and Gubbins replied that someone had tried to rape and kill her. She saw a neighbor run after defendant. An ambulance arrived and transported Gubbins to the hospital. She sustained swelling to her right eye, scratches on her face, rug burns to her knees, bite marks on her wrist and forehead, and bruises on her back. Gubbins identified undergarments that were retrieved from defendant’s car as belonging to her.

Michael Laha lives at 2279 Oak Ridge Drive, which is across the street from Gubbins’s apartment. Laha testified that he was sitting at his computer in his apartment when he heard Gubbins scream. He looked out and saw defendant, Gubbins, and a man running. Laha heard Gubbins scream “help” and “he just tried to rape me, he attacked me.” He ran out of his apartment and chased after defendant. The chase ended in a subdivision about three-quarters of a mile from the apartment complex. Defendant appeared tired and wore only one shoe. His hand was bleeding.

Officer Ron Hinterlong of the Aurora police department testified that he took defendant into custody. At the time of his arrest, defendant had “quite a bit of blood” on his right hand and back. Officer Hinterlong called an ambulance for defendant. After he was treated at the hospital, defendant was taken to the police department. Following a search, officers collected from defendant nylon stockings from his right front pants pocket and a pair of female underwear from his right rear pants pocket. Officer Hinterlong testified that defendant wore only one shoe. Hospital personnel informed Hinterlong that defendant sustained a stab wound to his back. The cut was half an inch long.

Officer Guerrmo Trujillo of the Aurora police department testified that he interviewed defendant at the police department. Defendant consented to a videotaped statement. He appeared alert, and there were no signs that he was intoxicated. Defendant stated that, on May 30, 2005, he was sitting in his car in the parking lot of his apartment complex at 2231 Oak Ridge Drive, drinking beer and listening to music. Defendant lived in his sister’s apartment, No. 7. He had started drinking early in the afternoon and had consumed about 12 beers. Defendant noticed Gubbins across the parking lot. She was sitting on her patio, having a few beers. Defendant was attracted to her and was trying to build the courage to offer her a beer and socialize with her. Defendant ran out of beer, and he went into his apartment to get more. When he returned to his car, he noticed that Gubbins was gone. Defendant took two beers and walked across the lot to Gubbins’s patio. The screen door was shut, but the sliding door was partially open. Defendant told Trujillo that he did something wrong when he decided to enter Gubbins’s apartment.

According to Trujillo, defendant stated that, once he was inside, he kept calling for Gubbins, but there was no answer. He saw that a bedroom door was open, and he entered. Defendant noticed that a dresser drawer was partially opened, and he looked inside. He saw undergarments. Defendant took some of the undergarments and exited the apartment and walked to his car. He put some of the items in the backseat of his car and kept some on his person. Defendant then noticed that he had lost his keys. He returned to Gubbins’s apartment to search for his keys. Defendant was on the floor by the couch when Gubbins walked in through the front door. He got scared. Gubbins screamed and asked what defendant was doing in her apartment. Defendant asked her not to call the police. There was a language barrier because defendant spoke Spanish and Gubbins spoke English.

Gubbins walked to the sliding door and shut it. She then reached for the telephone, and defendant tried to take it away from her. A struggle ensued.

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Cite This Page — Counsel Stack

Bluebook (online)
880 N.E.2d 263, 378 Ill. App. 3d 120, 316 Ill. Dec. 785, 2007 Ill. App. LEXIS 1395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moreira-illappct-2007.