People v. Morris

2020 IL App (5th) 180157-U
Procedural entryThis page is a short order in People v. Morris. Read the opinion of the Court — 2023 IL App (1st) 220035
Appellate Court of Illinois·Decided September 2, 2020·No. 5-18-0157·Unpublished

Opinion

NOTICE 2020 IL App (5th) 180157-U NOTICE Decision filed 09/02/20. The This order was filed under text of this decision may be NO. 5-18-0157 Supreme Court Rule 23 and changed or corrected prior to may not be cited as precedent the filing of a Petition for by any party 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, ) Wayne County. ) v. ) No. 12-CF-122 ) RAYMOND M. MORRIS, ) Honorable ) Barry L. Vaughan, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________

JUSTICE MOORE delivered the judgment of the court. Justices Barberis and Boie concurred in the judgment.

ORDER

¶1 Held: Because the evidence was sufficient to sustain the six predatory criminal sexual assault of a child convictions of the defendant, this court affirms those convictions and the unchallenged sentences imposed upon those convictions.

¶2 The defendant, Raymond M. Morris, appeals his six convictions, following a single jury

trial in the circuit court of Wayne County, for predatory criminal sexual assault of a child. For the

following reasons, we affirm.

¶3 I. BACKGROUND

¶4 Because in this appeal the defendant challenges only the sufficiency of the evidence used

to convict him, we must view that evidence in the light most favorable to the prosecution. See,

e.g., People v. Gordon, 2019 IL App (5th) 160455, ¶ 14. We therefore present an overview of the

evidence used to convict the defendant, and present additional evidence that was properly before 1 the jury—evidence the defendant cites in support of his argument that insufficient evidence exists

to sustain his convictions—in more detail in the analysis section of this order as we address the

defendant’s arguments therein. On August 2, 2012, the defendant was charged, by information,

with one count of predatory criminal sexual assault of a child and one count of aggravated domestic

battery. On August 27, 2012, the defendant was indicted on the same two counts. On February 11,

2014, an amended information was filed, charging the defendant, in what was styled as “Count

III,” with one count of aggravated criminal sexual abuse. On December 15, 2014, the defendant

entered an open plea of guilty to only the charge of aggravated criminal sexual abuse. That plea

was vacated, for reasons not relevant to this appeal, prior to the sentencing of the defendant

pursuant to the plea.

¶5 On October 26, 2016, an amended indictment was filed. Therein, the defendant was

charged with seven counts of predatory criminal sexual assault of a child and one count of

aggravated domestic battery. The seven counts of predatory criminal sexual assault of a child

alleged that at various times between 2010 and 2012, the defendant assaulted his then preteen

biological daughter (hereinafter “the victim”) by: (1) placing his penis into the mouth of the victim

(on three separate occasions, as charged in three separate counts), (2) placing his mouth on the

vagina of the victim (on two separate occasions, as charged in two separate counts), (3) rubbing

his penis on the vagina of the victim, and (4) placing his finger in the vagina of the victim. The

aggravated domestic battery count alleged that the defendant struck the victim repeatedly with a

cord, thereby causing permanent disfigurement.

¶6 At the defendant’s jury trial, which began on January 8, 2018, and concluded on January

10, 2018, the victim testified that she was born in July of 1999 and was 18 years old at the time of

the trial. She testified that she was presently in her first year of college, studying cardiac radiology.

She testified that she began to live with the defendant in 2010, when she was 10 years old, after 2 learning that the defendant was her biological father and meeting him for the first time. She

testified that at first it was a nice change of pace to live with her biological father, because her

previous homelife with her drug-abusing mother had been chaotic. She testified that the defendant

began to sexually abuse her approximately three weeks after she moved in with him, subsequent

to a home visit from a caseworker who came to make sure she was settling in well. The defendant

would come into her room when she was trying to sleep and crawl into her bed with her.

Eventually, when he did this, he began to put his hand down her pants, over her underwear. He did

this “a few times a week.” About three weeks later, he began to place his hand under her underwear,

placing his fingers onto and inside of her vagina. This also happened “[a] few times a week.” The

victim testified that, subsequently, the defendant “proceeded to taking off [her] pants and putting

his mouth on [her] vagina.” At this point, the defendant would come into her room, wake her up,

pull her to the edge of her bed, remove her pajama bottoms, and place his mouth on her vagina.

When asked how often this type of assault occurred, the victim testified that it “happened too many

times to be able to count.”

¶7 The victim testified that “[a]bout a month or two months after [the defendant] began

performing oral sex on [her], he made [her] begin performing oral sex on him.” She testified that

this occurred “in different places,” but that it sometimes took place in the doorway of her room,

after the defendant “woke [her] up and made [her] come and sit on the floor, and he pulled down

his pants.” She testified that he told her what to do and held her by her hair. She testified that the

defendant used force to make her do this, as he had used force when he assaulted her by placing

his mouth on her vagina. She testified that the defendant sometimes sexually assaulted her on the

living room couch, as well as in her bedroom and bedroom doorway, and in the hallway near the

bathroom. She testified that her older brother was asleep when the defendant woke up the victim

3 and assaulted her. The victim testified that she did not believe her brother—who was two years

older than her—ever witnessed the assaults.

¶8 The victim testified that the defendant forced her to perform oral sex on him “[t]hree to

four times a week” and eventually forced her to allow him to ejaculate into her mouth, holding her

by her hair and forcing her head down onto his penis. About six months after the victim began to

live with the defendant, the defendant also began to physically abuse her, beating her all over her

body with his hands, fists, and “other objects” such as a cane, his boot, a notebook, and a vacuum

cleaner cord. She testified that the defendant got drunk “almost daily” and usually beat her when

he was drunk because, “[w]hen he would get drunk, he would get very, very angry.” With regard

to other instances of sexual assault, the victim testified that “once he rubbed his penis up and down

on [her] vagina.” She tried to push him away with her feet, but could not do so. She testified that

she decided to flee the defendant’s home after he told her, on or around her thirteenth birthday,

that he was going to perform anal sex on her. She believed he was going to do so that night. She

texted a friend for help, and eventually two adult members of her church came to her house to

rescue her.

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People v. Morris, 2020 IL App (5th) 180157-U (Ill. Ct. App. 2020).

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