People v. Vasquez

599 N.E.2d 523, 233 Ill. App. 3d 517, 174 Ill. Dec. 739, 1992 Ill. App. LEXIS 1417
CourtAppellate Court of Illinois
DecidedSeptember 3, 1992
Docket2-90-0680
StatusPublished
Cited by30 cases

This text of 599 N.E.2d 523 (People v. Vasquez) 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. Vasquez, 599 N.E.2d 523, 233 Ill. App. 3d 517, 174 Ill. Dec. 739, 1992 Ill. App. LEXIS 1417 (Ill. Ct. App. 1992).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Following a bench trial in the circuit court of Lake County, the defendant, Alberto Vasquez, was found guilty but mentally ill of two counts of criminal sexual assault (Ill. Rev. Stat. 1989, ch. 38, par. 12—13(a)(l)) and two counts of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12—16(d)). He was sentenced to a term of eight years in the Department of Corrections.

The defendant contends he was not proved guilty beyond a reasonable doubt of the criminal sexual assaults and that the court erred both in considering that factors in aggravation existed which justified a sentence in excess of the minimum and in not specifying to which conviction or convictions the sentence was to be applied. We reverse the convictions for criminal sexual assault and remand the cause for resentencing.

Counts I and III charged that on or about February and May 1989, respectively, the defendant committed the offense of criminal sexual assault in that he “knowingly committed an act of sexual penetration with [P.L.], in that by the use of force, said defendant placed his penis in the mouth of [P.L.].” Counts II and IV charged that on or about February and May 1989, respectively, the defendant committed the offense of aggravated criminal sexual abuse in that he “knowingly committed an act of sexual penetration with [male minor] [P.L.], who was at least 13 years of age but under 17 years of age, in that the defendant placed his penis in the anus of [P.L.], and the defendant was at least five years older than [P.L.].”

The defendant was found to be mentally unfit to stand trial on October 24, 1989, and was committed to the Illinois Department of Mental Health in Elgin for the purpose of determining if he could be restored to a status of fitness to stand trial. On March 13, 1990, a restoration hearing was held, and the court found the defendant to be fit.

Lawrence Bonds, a Lake County probation officer, identified the defendant as one of the probationers assigned to his case load and established that the defendant had stated his date of birth to be July 2, 1951. Bonds identified People’s exhibits Nos. 1, 2 and 3 as letters he had received from the defendant, and they were admitted into evidence. In one letter, dated April 30, 1989, the defendant wrote about his treatment in the alcohol program at the Veterans’ Hospital in North Chicago which terminated when he became ill. In the other letters, both dated June 2, 1989, the defendant made references to the two incidents in February and May which are at issue here. In People’s exhibit No. 1, the defendant refers to a 13-year-old boy named “Felip” [sic] “who is a sucker and a queer” and who “said he was living over in [the] North Chicago Navy base.” The second time he met “Felip,” they “walked to a tunnel under the railroad track.” The defendant wrote that “the boy is living with foster parents who now live in Waukegan.” In People’s exhibit No. 2 the defendant wrote in part:

“We [the defendant and the “13-year-old boy who used to live in one of the Navy base apartments”] set [sic] in the car and he suck [sic] me and when I gave him a right [sic—ride] I almost screwed him but no. [T]his happen [sic] back when it was cold outside. In the month of May *** this boy named Felip [sic] walk[ed] by and greet[ed] me *** and [we] walked over to a tunnel that he mentioned ***. There we made love but we were interupted [sic] by a white couple ***. *** [H]e told me that he has done that *** more than once and as I looked and made love to him I found out that he has been abuse [sic] an[d] is being abuse [sic][;] he even said so him selves [sic].”

The State’s witness, P.L., testified his birthdate was December 5, 1975. At the time of trial, he was 14 years old and was in the seventh grade in school. In February 1989, P.L. resided with his mother but was removed to a foster home in May of that year. In February, P.L. met the defendant in North Chicago, Illinois. It was cold outside, and P.L. entered defendant’s vehicle at the defendant’s suggestion. After entering the vehicle, the defendant touched with his hand P.L.’s leg and chest area. The defendant then unzipped his own pants, exposed his penis, engaged in masturbation and then put his hand on the back of P.L.’s head. P.L. testified the defendant then forced P.L.’s mouth onto his (the defendant’s) penis. The defendant’s hand was on the back of P.L.’s head while the defendant’s penis was inside P.L.’s mouth. The defendant then exited the car to urinate. He reentered the car after about three seconds, turned P.L. over onto his stomach and lowered P.L.’s pants. The defendant then inserted just the head of his penis into P.L.’s rectum. While the defendant kept trying to insert his penis into P.L.’s rectum, P.L. tried to force defendant off of him, and the defendant finally did get off. P.L. told the defendant he had to go home, and the defendant told P.L. he would drive him home.

On the way to P.L.’s home, the defendant parked behind a bar in North Chicago. The defendant unzipped his own pants and his penis was erect. He again turned P.L. over onto his stomach, pulled down P.L.’s pants and tried to put his penis in P.L.’s rectum. The defendant was not able to get his penis in at all, and, during this period of time lasting between a couple of minutes and 30 minutes, P.L. was forcing the defendant off of him. P.L. told the defendant to “quit it” and pushed the defendant off of him. The defendant then dropped P.L. off on the comer where P.L.’s home was located. P.L. did not tell anybody what had just occurred because he was scared, although he was unable to say why he was afraid.

P.L. next saw the defendant in May 1989. P.L. was walking on Genesee Street on his way to a McDonald’s restaurant when he saw the defendant talking with three other males. P.L. walked faster after he saw the defendant. The defendant rode after P.L. on a 10-speed bike. The defendant tried to engage P.L. in conversation, but P.L. did not know what defendant was saying; he was not paying any attention to the defendant. P.L. then decided not to go to McDonald’s and went down toward the lake. As P.L. and the defendant reached the area of the lake near some railroad tracks, the defendant wanted to go somewhere to talk, and P.L. said he guessed they could if the defendant would then leave him alone.

The defendant and P.L. went into a viaduct under a bridge. There, the defendant unzipped his own pants and manually stimulated his penis until it was erect. P.L. testified the defendant then put his hand on the back of P.L.’s head and forced P.L.’s head onto his (the defendant’s) penis and inserted his penis into P.L.’s mouth. P.L. was trying to get defendant off of him while this was occurring but was unable to do so.

The defendant went to the other side of the bridge to urinate after P.L. was able to push him off of him. The defendant returned to where P.L. was and pulled P.L.’s pants back down because P.L. had pulled them up. The defendant positioned P.L. on P.L.’s back, raised P.L.’s legs up and inserted his penis into P.L.’s rectum. P.L. was “hurting” because of this, and he tried to, and did, push the defendant off of him after four or five minutes.

At the time P.L.

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Bluebook (online)
599 N.E.2d 523, 233 Ill. App. 3d 517, 174 Ill. Dec. 739, 1992 Ill. App. LEXIS 1417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasquez-illappct-1992.