People v. Sharp

909 N.E.2d 971, 391 Ill. App. 3d 947, 330 Ill. Dec. 949, 2009 Ill. App. LEXIS 545
CourtAppellate Court of Illinois
DecidedJune 26, 2009
Docket4-02-0913
StatusPublished
Cited by38 cases

This text of 909 N.E.2d 971 (People v. Sharp) 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. Sharp, 909 N.E.2d 971, 391 Ill. App. 3d 947, 330 Ill. Dec. 949, 2009 Ill. App. LEXIS 545 (Ill. Ct. App. 2009).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In September 2002, a jury convicted defendant, Jason M. Sharp, of predatory criminal sexual assault of a child, finding that he committed an act of sexual penetration upon J.E. when she was under 13 years of age (720 ILCS 5/12 — 14.1(a)(1) (West Supp. 2001)). The trial court later sentenced him to 20 years in prison.

Defendant appeals, arguing that (1) the trial court erred by admitting certain hearsay testimony in violation of (a) the confrontation clause of the sixth amendment (U.S. Const., amend. VI) and (b) section 115 — 10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 — 10 (West 2002)); and (2) he was denied a fair trial because the prosecutor made improper statements during the State’s rebuttal argument. In March 2005, this court disagreed with defendant’s arguments and affirmed his conviction. People v. Sharp, 355 Ill. App. 3d 786, 825 N.E.2d 706 (2005) (hereinafter Sharp I).

Defendant filed a petition for leave to appeal with the Supreme Court of Illinois. In January 2009, that court denied his petition but also entered a nonprecedential supervisory order that reads as follows:

“In the exercise of this court’s supervisory authority, the Appellate Court, Fourth District, is directed to vacate its order in [Sharp I, 355 Ill. App. 3d 786, 825 N.E.2d 706]. The appellate court is instructed to reconsider its decision in light of this Court’s opinion in In re Rolandis G., [232 Ill. 2d 13, 902 N.E.2d 600 (2008)], to determine whether a different result is warranted.” People v. Sharp, 231 Ill. 2d 649, 899 N.E.2d 1076 (2009) (nonprecedential supervisory order on denial of petition for leave to appeal) (Sharp II).

In accordance with the supreme court’s directive, we vacate our earlier opinion in this case. Further, after reconsidering this case in light of Rolandis G., we conclude that a different result is not warranted. Accordingly, we again disagree with defendant’s arguments and affirm his conviction.

I. BACKGROUND

In January 2002, the State charged defendant (who was then 20 years old) with predatory criminal sexual assault of a child, alleging that he committed an act of sexual penetration upon J.E. (who was 11 years old at the time of the offense and 12 years old at defendant’s trial) by placing his penis in her vagina (720 ILCS 5/12 — 14.1(a)(1) (West Supp. 2001)). In February 2002, the State filed a motion under section 115 — 10 of the Code (725 ILCS 5/115 — 10 (West 2002)), seeking to offer at defendant’s trial statements J.E. made to (1) her mother, Lydia E., (2) Mary Whitaker, the associate director of operations for the McLean County Children’s Advocacy Center, and (3) her then-14year-old friend, Tasha B.

A. The Section 115 — 10 Hearing

At a March 2002 hearing on the State’s section 115 — 10 motion, Lydia testified that on January 2, 2002, she heard from her then 15-year-old son, Jesse E., that defendant had had sexual intercourse with J.E. Later that day, Lydia had a conversation with J.E. Lydia first said, “[J.E.], I heard a rumor today,” to which J.E. responded, “What, Mom?” Lydia then said “[I heard that defendant] had sex with my little girl.” J.E. initially denied it, and Lydia said, “Okay, honey, you know it’s one thing for two adults to be having sex, but when a 20[-] some[-]year[-]old man is having sex with an 11 year old, that’s rape, and it’s wrong, and you need to tell me.” At that point, J.E. burst into tears and said, “Yes, I told him to stop, but he wouldn’t.” Lydia then asked J.E. if defendant penetrated her, and J.E. responded that she did not know what the term “penetrated” meant. Lydia explained the term, and J.E. said that defendant had penetrated her. J.E. also told Lydia that defendant had pushed her into a building at the local fairgrounds and sexually assaulted her. Lydia then telephoned the police and reported the incident.

Whitaker testified that on January 11, 2002, she interviewed J.E. in the DeWitt County sheriff’s department ‘‘victim[-]sensitive interview room.” Whitaker explained that the room had a “livingH room setting” and was set up so that the alleged child victim would not be distracted. She also explained that an Advocacy Center staff member was present during the interview, and the interview was audiotaped and later transcribed. For the purpose of the section 115 — 10 hearing, the trial court admitted in evidence the transcript and original audiotape of the interview. The transcript and audiotape showed that Whitaker asked J.E. open-ended questions and resorted to leading questions only to clarify details. After initial general questioning, Whitaker showed J.E. a drawing of an anatomically correct female child, and J.E. identified certain body parts, including the vagina (which J.E. referred to as “Peechacho”). J.E. then described the incident. In particular, J.E. stated that after she, Tasha, defendant (whom J.E. did not know), and Billy Joe W. (a 12- or 13-year-old boy whom J.E. knew) walked to the county fairgrounds, defendant and Billy Joe walked up the grandstand stairway. Defendant tried to convince J.E. and Tasha to walk up the stairway, but they initially refused. Following several requests by defendant, J.E. and Tasha agreed. When they reached the stairway landing, defendant pulled J.E. into a room, while Tasha and Billy Joe remained at the top of the stairway. After defendant pulled J.E. into the room, he tripped her, and she fell to the floor. Defendant then pulled down J.E.’s pants and underwear, took off his own pants and underwear, pinned J.E. down by holding her arms, and got on top of her. J.E. put her hands out in front of her and told defendant to “stop now.” She told him to stop “about [5] to [10] times.” Defendant did not respond to J.E.’s requests and, instead, continued to hold her down.

Whitaker asked J.E. what happened next, but J.E. did not respond. Then Whitaker showed J.E. a drawing of an anatomically correct male and asked the following questions to which J.E. gave the following answers:

“[WHITAKER]: Okay[,] use whatever words you want, and you know what you, you don’t even have to use a specific word[,] you can just tell me what happened.
[J.E.]: He stuck his[,] thing[,] in ***.
[WHITAKER]: Okay you said he stuck his [‘]thing[’] in ***?
[J.E.]: My Peechacho.
[WHITAKER]: [Your] Peechac[h]o okay. When you say his [‘]thing[,’] what what’s his [‘]thing[’]? You know another word for that, or would you like to use the drawing?
[J.E.]: His pee pee.”

Whitaker then clarified that J.E. knew the difference between “inside” and “outside.” J.E.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Ciancia-Fuchs
2026 IL App (4th) 250056-U (Appellate Court of Illinois, 2026)
People v. Walker
2025 IL App (4th) 241505-U (Appellate Court of Illinois, 2025)
People v. Gibbs
2025 IL App (5th) 230707-U (Appellate Court of Illinois, 2025)
In the Interest of D.D.
2024 IL App (1st) 232321-U (Appellate Court of Illinois, 2024)
People v. Johnson
2023 IL App (4th) 220201 (Appellate Court of Illinois, 2023)
People v. Lorenzo
2022 IL App (4th) 210421-U (Appellate Court of Illinois, 2022)
People v. Farris
2021 IL App (2d) 190960-U (Appellate Court of Illinois, 2021)
People v. Perez
2021 IL App (1st) 180765-U (Appellate Court of Illinois, 2021)
People v. Stenzel
2021 IL App (2d) 181057-U (Appellate Court of Illinois, 2021)
People v. Calabrese
2020 IL App (1st) 172828-U (Appellate Court of Illinois, 2020)
People v. Zeintek
2020 IL App (1st) 181971-U (Appellate Court of Illinois, 2020)
People v. Martin
2020 IL App (1st) 181012-U (Appellate Court of Illinois, 2020)
People v. Steele
2020 IL App (5th) 160390-U (Appellate Court of Illinois, 2020)
People v. Kieta
2019 IL App (1st) 170933-U (Appellate Court of Illinois, 2019)
People v. Dabney
2017 IL App (3d) 140915 (Appellate Court of Illinois, 2017)
People v. Burgund
2016 IL App (5th) 130119 (Appellate Court of Illinois, 2017)
People v. Applewhite
2016 IL App (4th) 140558 (Appellate Court of Illinois, 2016)
People v. Stull
2014 IL App (4th) 120704 (Appellate Court of Illinois, 2014)
In re Brandon P.
2013 IL App (4th) 111022 (Appellate Court of Illinois, 2013)
People v. Rexroad
2013 IL App (4th) 110981 (Appellate Court of Illinois, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
909 N.E.2d 971, 391 Ill. App. 3d 947, 330 Ill. Dec. 949, 2009 Ill. App. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sharp-illappct-2009.