People v. Muhammad

629 N.E.2d 106, 257 Ill. App. 3d 359, 195 Ill. Dec. 798, 1993 Ill. App. LEXIS 2015
CourtAppellate Court of Illinois
DecidedDecember 29, 1993
Docket1-90-2231
StatusPublished
Cited by19 cases

This text of 629 N.E.2d 106 (People v. Muhammad) 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. Muhammad, 629 N.E.2d 106, 257 Ill. App. 3d 359, 195 Ill. Dec. 798, 1993 Ill. App. LEXIS 2015 (Ill. Ct. App. 1993).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a bench trial, defendant, Shabazz Muhammad, was found guilty of four counts of aggravated criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14), four counts of aggravated kidnapping (Ill. Rev. Stat. 1989, ch. 38, par. 10 — 2), and two counts of armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2). Defendant was sentenced to 30 years in the Illinois Department of Corrections for each count of aggravated criminal sexual assault, 20 years for each count of aggravated kidnapping and 20 years for each count of armed robbery to be served concurrently. We affirm in part, vacate in part and modify in part.

The issues before this court for review are: (1) whether defendant received ineffective assistance of counsel when defense counsel failed to file a motion to suppress his confession; (2) whether defendant was denied his right to a fair trial on the charge of aggravated criminal sexual assault where the State elicited certain allegedly irrelevant and inflammatory testimony from an arresting officer; (3) whether defendant’s two convictions for the aggravated kidnapping of two different victims were based upon the same acts as his convictions for aggravated criminal sexual assault and armed robbery and must be vacated; (4) whether the trial court’s sentence of 30 years for each count of aggravated criminal sexual assault was improper on the basis that the trial court failed to consider the requisite statutory sentencing factors, including defendant’s potential for rehabilitation; and (5) whether defendant’s sentence of 20 years for each count of aggravated kidnapping must be vacated and reduced because it exceeds the statutory maximum sentence.

Eighteen-year-old S.M. and seventeen-year-old S.W. testified that they walked to and purchased food from two fast-food restaurants in the vicinity of South Halsted and 113th Streets in Chicago, Illinois, on January 7, 1989. S.M. and S.W. testified that after purchasing their food, they walked past an alley near a "Dock’s” fish restaurant on 113th Street. S.M. testified that upon crossing the alley, she looked back and saw defendant behind them. S.M. and S.W. both testified that they then crossed the street and that defendant followed them across the street and walked towards them. S.M. testified that as defendant approached them, he said: "You all bitches laughing at me, and I’m going to laugh at you all.” The victims testified that defendant then grabbed both of them by the collars of their coats with one hand, while he brandished a gun with the other.

S.M. and S.W. testified that after defendant grabbed their coats at gun point, he told both girls to walk down an alley situated between 112th and 113th Streets, to an abandoned garage. S.M. testified that there was no light in the garage but that the garage was illuminated by light from nearby streetlights. S.W. testified that after she, S.M. and defendant entered the garage, defendant hit her with a gun and instructed her to get into an abandoned car which was parked in the garage.

Both victims testified that defendant then took S.M. to the back of the car where the two talked. S.M. testified that she told defendant that she had just had a baby and that her body had not yet healed. S.M. told the court that defendant responded by instructing her to get into the car, which she did.

S.W. testified that defendant removed her from the car after S.M. got into the car. S.W. recalled that after she got out of the car, defendant escorted her behind the car, whereupon he instructed her to disrobe and to perform fellatio on him. S.W. testified that she complied. S.W. further testified that defendant placed her on the trunk of the car and attempted to engage in vaginal intercourse with her, but that his penis only touched her vagina without penetrating it. S.W. testified that defendant then ordered her to lie down on her coat, which was on the ground next to the car, and that she did so, whereupon she and defendant had intercourse. Defendant subsequently placed S.W. back inside of the car. S.W. then observed defendant take S.M. out of the car and escort her to the rear of the car.

S.M. testified that defendant was holding a gun when he instructed her to get out of the car and walk towards the rear of the automobile. S.M. testified that upon reaching the back of the car, defendant removed her shirt and sweater and then ordered her to take off the rest of her clothes. S.M. told the court that defendant subsequently ordered her to get on the trunk of the car where he had Sexual intercourse with her. S.M. testified that when she and defendant got off of the trunk, defendant made her lie down on top of S.W.’s coat and perform fellatio on him.

S.M. testified that after removing his penis from her mouth, defendant left her and returned to the front of the vehicle where he spoke to S.W. S.M. stated that when he returned, he asked her if her leather coat was meant to be worn by a man or a woman. S.M. testified that she told defendant the jacket could be worn by a person of either gender. S.M. testified that defendant responded by striking her on the side of her head with his gun.

S.M. testified that defendant left her again and returned to the front of the car where he spoke to S.W. S.W. recalled that when defendant reached the front of the car, he told her that one of them had to die. S.M. testified that defendant returned to her after speaking to S.W. and then took her near S.M., whereupon he informed both victims that one of them would have to die. Subsequently, defendant took S.M. to the back of the car again where he pointed his gun at different parts of her body while he ridiculed her and threatened her. Thereafter, defendant ordered S.M. to remove her rings. S.M. removed all of her rings and gave them to defendant. Defendant was still holding the gun.

Defendant then ordered S.M. to get back into the car. Both victims testified that defendant took S.W. out of the car, whereupon he had intercourse with her on the floor of the garage for the second time. Defendant then ordered S.W. to get back into the car.

S.M. testified that while she and S.W. were together in the car, defendant told her that he was the "raper man,” and that the police would never find him because he lived in Robert Taylor Homes. S.W. testified that defendant then took two silver chains, a gold chain and $2 in change from her.

Subsequently, defendant instructed the women to remain in the car until he left. When defendant left, he took the victims’ jewelry, their food and S.M.’s leather jacket with him. Defendant also threw the victims’ clothes outside of the garage. The entire ordeal lasted for approximately l1/2 hours.

After waiting for a few minutes, S.W. went outside and retrieved the clothes. The victims got dressed and obtained assistance from Clara Johnson, a resident of a nearby house located at 11232 South Union. Johnson called the police on behalf of the victims. The victims also showed Johnson the garage where they had been raped. The garage was located behind 11225 South Union. Both victims later identified defendant in a lineup on February 17, 1989, and during the trial.

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Bluebook (online)
629 N.E.2d 106, 257 Ill. App. 3d 359, 195 Ill. Dec. 798, 1993 Ill. App. LEXIS 2015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-muhammad-illappct-1993.