People v. Strawbridge

935 N.E.2d 1104, 404 Ill. App. 3d 460, 343 Ill. Dec. 876, 2010 Ill. App. LEXIS 954
CourtAppellate Court of Illinois
DecidedSeptember 9, 2010
Docket2-08-0701
StatusPublished
Cited by30 cases

This text of 935 N.E.2d 1104 (People v. Strawbridge) 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. Strawbridge, 935 N.E.2d 1104, 404 Ill. App. 3d 460, 343 Ill. Dec. 876, 2010 Ill. App. LEXIS 954 (Ill. Ct. App. 2010).

Opinions

JUSTICE HUDSON

delivered the opinion of the court:

Defendant, Jason N. Strawbridge, was convicted of four counts of predatory criminal sexual assault of a child (720 ILCS 5/12 — 14.1(a) (West 2000)) and one count of aggravated stalking (720 ILCS 5/12— 7.4(a)(3) (West 2000)), following a jury trial in the circuit court of Winnebago County. He was sentenced to 12 years’ imprisonment on each of the predatory criminal sexual assault counts (subject to the truth-in-sentencing statute (730 ILCS 5/3 — 6—3 (West 2008)) and 2 years’ imprisonment on the stalking count. All sentences run consecutively. Defendant now appeals, raising a number of issues. He first argues that one of his convictions of predatory criminal sexual assault must be vacated in accordance with one-act, one-crime principles. Second, defendant contends that he was not proven guilty of aggravated stalking. Third, he complains of the trial court’s refusal to discharge a juror who was acquainted with the victim. Fourth, defendant alleges error in the trial court’s decision to permit the State to introduce certain pornographic pictures into evidence. Fifth, he asserts that the sentences for two of his convictions of predatory criminal sexual assault must be reduced to nine years, as he had previously been sentenced on these counts before this court vacated an earlier guilty plea. We agree with defendant’s first and fifth contentions; therefore, we vacate his conviction on the first count of predatory criminal sexual assault, reduce his sentence to nine years’ imprisonment on the second count, and otherwise affirm the judgment of the trial court. As the issues raised by defendant are largely discrete, we will not set forth in detail the evidence presented at trial and will instead discuss it as it pertains to defendant’s arguments.

I. ONE ACT, ONE CRIME

Defendant’s first contention is that one of his convictions must be vacated pursuant to one-act, one-crime principles. This issue presents a question of law subject to de novo review. Village of Sugar Grove v. Rich, 347 Ill. App. 3d 689, 698 (2004). The one-act, one-crime rule holds that multiple offenses may not be “carved from the same physical act.” People v. King, 66 Ill. 2d 551, 566 (1977). Defendant argues that the indictments, jury instructions, and verdict forms for counts I and II differed only in the time periods specified in them. Both counts alleged that defendant “placed his penis in the vagina of’ the victim. Count I alleged conduct occurring between June 24, 1999, and March 20, 2000. Count II was based on conduct alleged to have occurred on or about March 20, 2000. Thus, defendant points out, the jury could have found that the State had proved one instance of such conduct, but convicted on both counts.

Before proceeding further, we note that defendant concedes that this issue was not properly preserved for review. He asks that we reach the merits under the plain-error rule. See 134 Ill. 2d R. 615(a). The plain-error rule permits a court of review to reach an unpreserved error where the evidence is closely balanced or where the error is of such a substantial nature that it implicates the integrity of the judicial process. People v. Piatkowski, 225 Ill. 2d 551, 565 (2007). We have little trouble concluding that an error that results in an improper conviction and leads to a 12-year sentence of imprisonment (actually 9, as we discuss later) is of sufficient magnitude to warrant plain-error review. In People v. Harvey, 211 Ill. 2d 368, 369 (2004), our supreme court held that “an alleged one-act, one-crime violation and the potential for a surplus conviction and sentence affect[ ] the integrity of the judicial process, thus satisfying the second prong of the plain error rule.” We will therefore reach the merits of defendant’s claim here.

Regarding the merits, we find the case of People v. Wasson, 175 Ill. App. 3d 851 (1988), to be of considerable guidance in resolving this issue. In that case, the defendant was charged with and convicted of committing aggravated criminal sexual assault between January 1, 1983, and April 24, 1985. Wasson, 175 Ill. App. 3d at 853. The statutory provision under which the defendant was charged, however, became effective on July 1, 1984. Wasson, 175 Ill. App. 3d at 854. The reviewing court determined that, absent a limiting instruction stating that the defendant could not be convicted of conduct occurring before July 1, 1984, “it [was] impossible to know whether the jury instead convicted defendant for an act performed, as alleged in the complaint, during the period which predated the statute under which he was charged.” Wasson, 175 Ill. App. 3d at 859-60. As “the information charged defendant for an offense which could have occurred before the corresponding statute was legally operative, [the Wasson court found] it necessary to invalidate the entire charging instrument and the resulting conviction.” Wasson, 175 Ill. App. 3d at 860.

Similarly, in this case, it is impossible to determine whether the jury found that there was one instance of penile to vaginal contact and yet found defendant guilty with regard to both counts because that instance of conduct took place between June 24, 1999, and March 20, 2000, but also happened to occur on or about March 20, 2000, or if it determined that there were multiple instances of such conduct. We further note that the Wasson court relied in part upon the fact that there was “conflicting testimony as to when the offense was committed” (Wasson, 175 Ill. App. 3d at 860), while in this case, the victim testified to an act of intercourse occurring on March 17, 2000, which is within the time periods described in both counts. The State points out that there is adequate evidence in the record to support convictions on multiple counts. We do not disagree; however, it is not our prerogative to place ourselves in the position of the jurors and try to determine how they arrived at their verdict. The problem here is that we cannot tell what the jury based its verdict on, and it is that verdict that is challenged on appeal. It is, after all, the jury that must convict the defendant. See People v. Walker, 392 Ill. App. 3d 277, 296 (2009). As we cannot say that multiple offenses (and here, multiple convictions) have not been “carved from the same physical act,” both of defendant’s convictions on counts I and II cannot stand. See King, 66 Ill. 2d at 566. We therefore vacate defendant’s conviction on the first count of the indictment.

II. AGGRAVATED STALKING — PROOF BEYOND A REASONABLE DOUBT

Defendant next contends that he was not proven guilty of aggravated stalking. This offense — as defendant was charged with it— required that the State prove he committed stalking and, in the course of so doing, violated an order of protection. See 720 ILCS 5/12— 7.4(a)(3) (West 2000). To prove stalking, as alleged, the State had to prove that defendant placed the victim under surveillance on at least two occasions and placed her in reasonable apprehension of future confinement or restraint. See 720 ILCS 5/12 — 7.3 (West 2000).

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Cite This Page — Counsel Stack

Bluebook (online)
935 N.E.2d 1104, 404 Ill. App. 3d 460, 343 Ill. Dec. 876, 2010 Ill. App. LEXIS 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strawbridge-illappct-2010.