People v. Sanders

827 N.E.2d 17, 356 Ill. App. 3d 998, 292 Ill. Dec. 870, 2005 Ill. App. LEXIS 258
Appellate Court of Illinois·Decided March 22, 2005·No. 1-03-2257·Published·Cited by 19 cases

Opinion

PRESIDING JUSTICE BURKE

delivered the opinion of the court:

Defendant Ernie Sanders appeals from an order of the circuit court resentencing him for a second time upon a second remand to three 10-year terms of imprisonment for each of his aggravated criminal sexual assault convictions, to be served consecutively. On appeal, defendant contends that the trial court erred in sentencing him because it increased his sentences upon remand and, alternatively, abused its discretion in ordering that his sentences run consecutively. For the reasons set forth below, we affirm.

STATEMENT OF FACTS

Defendant was indicted on 54 counts of charges ranging from aggravated criminal sexual assault to aggravated criminal sexual abuse. Prior to trial, the State nol-prossed 31 of the counts, and defendant elected to have a bench trial on the remaining counts. The charges stemmed from allegations that defendant, between December 1993 and March 17, 1994, sexually molested his two stepdaughters, who at the time were ages 12 and 9.

At trial, M.W., the eldest victim, testified that on March 17, 1994, defendant entered the bedroom she shared with her younger sister D.W and told M.W to go into the living room. M.W fell back asleep, but defendant returned and lifted her out of bed. She then went into the living room. There, defendant instructed M.W. to remove her underpants and to get on her knees. M.W. testified that she did this and placed her face into her hands, which were on the floor. At this time, M.W. stated that defendant pressed his penis against her buttocks in a way that hurt more than when she strained to go to the bathroom. According to M.W., this was not the first time defendant engaged in this conduct with both herself and D.W. over the course of several months. In addition, defendant at times placed his penis in M.W’s mouth and pressed it against her vagina. Defendant also used a rubber penis and pressed that against M.W’s buttocks and vagina. On cross-examination, M.W. stated that until March 1994, she had not told anyone of the abuse because she feared for her safety even though at no time did defendant threaten her and never told her to stay silent. M.W. further stated that defendant had used the rubber penis to penetrate, at least partially, her vagina and anus.

Essie Mae W, the victims’ grandmother, testified, as an outcry witness, that on March 18 she went to her daughter Delores’ house because Delores had left a message asking Essie Mae to pick her up “before she be dead.” Upon arriving at the apartment, Essie Mae spoke with Delores and observed physical injuries on her. According to Essie Mae, Delores stated that defendant had abused her. While Delores was in the process of packing her and the children’s belongings, Essie Mae spoke with M.W, who was crying. Essie Mae asked M.W. what was wrong and whether defendant “[had] been messing with [M.W.] too.” M.W answered that defendant had mistreated her. Essie Mae then pressed about exactly what defendant had done, and M.W related to Essie Mae the circumstances surrounding the sexual abuse of herself and D.W. Essie Mae then told Delores what M.W. had disclosed to her. A short time later, defendant entered the apartment and a fight between Delores, defendant, and Delores’ brother began. Defendant subsequently fled the apartment, after which Essie Mae, Delores, M.W., D.W, and several other persons who had accompanied Essie Mae to the apartment went to the police station.

Delores W, M.W.’s mother, testified that her relationship with defendant ended on March 17 or. 18, after she learned of defendant’s abuse of M.W and D.W. On March 17, defendant became physically abusive toward Delores and, at that time, she decided to leave him and take the children. Delores called her sister to pick her and the children up the next day, which her sister did, along with her mother and brother. After her mother and the others had arrived, defendant returned and Delores confronted him about the sexual abuse of M.W A fight ensued, and after defendant fled, Delores and the others went to the police station. Later, Delores and a police officer returned to the apartment looking for defendant and, at that time, recovered the rubber penis and a handgun. On cross-examination, Delores stated that she had been with defendant for 11 years and that prior to this incident there were never any allegations of sexual abuse. According to Delores, she never used the rubber penis, she did not purchase it with defendant, nor did she know where defendant kept it all the time. Defendant was ultimately arrested on March 26.

Defendant testified on his own behalf, denying the allegations of abuse against M.W and D.W According to defendant, he and Delores were having marital problems that had persisted for years. Defendant stated that Delores, contrary to her testimony, frequently used the rubber penis by herself. Defendant denied ever allowing the children to see the rubber penis or leaving it around the apartment. Shortly before March 18, during an argument, defendant informed Delores that he was leaving her because he was tired of living with her. Defendant stated, however, that he was not serious about this statement and was only saying it because he was angry. After this argument on March 16, defendant left the apartment around 7 p.m., then returned later that evening. After he returned, he and Delores made up and had sex. The next morning, he and Delores were arguing again because he was upset that when he returned from taking a shower and wanted to make love, Delores’ “leg was all wet.” At this time, defendant again told Delores he was leaving her the next day and taking their son, E.S. Defendant left the apartment but returned later in the day and said everything was “normal like nothing had happened.” On this night, defendant laid down around 11 p.m. with Delores, watched TV and apparently fell asleep.

On the morning of March 18, defendant left the apartment, returned a short time later and again made love to Delores. He left the apartment again and later saw a van pull up in front of it. At this time, defendant went back into the apartment and was confronted by Delores and several members of her family. A fight began, and once defendant was able to flee, he did. According to defendant, the real motive behind the charges against him was Delores’ attempt to get revenge on him because their marriage was going badly.

At the close of the evidence, the trial court found defendant guilty of three counts of aggravated criminal sexual assault against M.W Following a sentencing hearing at which defendant presented three witnesses who testified that he was a good father, defendant was sentenced to three consecutive 15-year sentences.

On June 30, 1998, we vacated defendant’s sentences and remanded for resentencing based on the fact that the trial court did not make a proper finding either (1) that consecutive sentences were mandatory (730 ILCS 5/5 — 8—4(a) (West 1996)) or (2) that consecutive sentences were necessary to protect the public (730 ILCS 5/5 — 8—4(b) (West 1996)). People v. Sanders, No. 1—96—3996 (1998) (unpublished order under Supreme Court Rule 23). Upon remand, the trial court conducted a new sentencing hearing and heard evidence in aggravation and mitigation.

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People v. Sanders, 827 N.E.2d 17, 356 Ill. App. 3d 998, 292 Ill. Dec. 870, 2005 Ill. App. LEXIS 258 (Ill. Ct. App. 2005).

827 N.E.2d 17 (People v. Sanders) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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