People v. Woltz

592 N.E.2d 1182, 228 Ill. App. 3d 670, 170 Ill. Dec. 502, 1992 Ill. App. LEXIS 824
CourtAppellate Court of Illinois
DecidedMay 7, 1992
Docket5-90-0590
StatusPublished
Cited by28 cases

This text of 592 N.E.2d 1182 (People v. Woltz) 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. Woltz, 592 N.E.2d 1182, 228 Ill. App. 3d 670, 170 Ill. Dec. 502, 1992 Ill. App. LEXIS 824 (Ill. Ct. App. 1992).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Defendant, Francis Woltz, was charged in Montgomery County with one count of aggravated criminal sexual assault. (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14(b)(1).) Defendant was found guilty by a jury and sentenced to 30 years’ imprisonment in the Department of Corrections. On appeal, defendant contends: (1) he was denied a fair trial by the admission of evidence of another crime; and (2) the trial court considered an improper factor in aggravation at sentencing. We agree with defendant’s first contention and therefore reverse and remand for a new trial.

The information alleged that on September 11, 1989, defendant committed an act of sexual penetration with V.J., who was under 13 years of age, by placing his finger in the vagina of V.J. Prior to trial, defendant moved in limine to prohibit the State from introducing evidence of a separate sexual assault allegedly committed by defendant on another young girl, J.S. After a hearing, the trial court denied defendant’s motion, finding that there was sufficient similarity between the two offenses to allow the introduction of the evidence for the limited purposes of showing absence of mistake and “design or plan.” The court gave a limiting instruction to the jury concerning the other crime’s evidence before J.S.’s testimony and also at the time the jury was instructed before deliberations began.

At trial, V.J. testified that she was 12 years of age. V.J. stated that on September 11, 1989, she had gone horseback riding with her father, L.J., and her brother, J.J. V.J. and her father rode horses while J.J. rode a bicycle. During the ride they stopped at the home of defendant, who was a friend of V.J.’s father, and stayed one to two hours. When V.J.’s family decided to go home, defendant’s son Lee Robinson requested to ride one of the horses. The group left about dusk, with L.J. and Lee Robinson riding horses, and V.J., J.J., defendant, and his two other children riding in defendant’s car. As they proceeded to V.J.’s home, her father’s horse ran through a fence and he was injured. It was then decided that defendant and V.J. would walk the horses home, while the remaining people accompanied defendant’s son William Woltz in driving L.J. to the hospital.

V.J. testified that she and defendant had been walking about 45 minutes when he began walking his horse closer and closer to her and then “grabbed” her. Defendant put his left hand down her pants and between her legs and stuck his fingers “inside” her. V.J. tried to get away and then one of the horses stepped on her foot. After she got her foot loose, she and defendant somehow fell to the ground. V.J. testified that defendant then took his hand out of her pants and put it into her shirt, touching her breast. They got up, and V.J. tried to get on one of the horses, but defendant pulled her down. V.J. was screaming during the incident and defendant told her that if she did not stop, he would take her into a cornfield and “fuck” her. V.J. stopped screaming and defendant unzipped his pants and told her to feel his penis. V.J. again tried to get away, but defendant was still holding her and his right hand was in her pants. She managed to pull his hand out and when she realized she was free from him, she ran to her grandmother’s house. When no one was there, she looked outside to see if defendant was around, and then ran next door to her own home and hid in the closet.

V.J. testified that she did not tell her parents about the incident until “after a while.” She wrote a note to them and left it on a table before going to school. When she returned home from school, her father talked with her about the note and she then wrote a second note concerning the incident. V.J. identified People’s exhibits 1 and 2 as the notes she had written. On cross-examination, V.J. denied telling anyone on the school bus that Frank Stivers had sexually assaulted her.

L.J. testified that in September 1989, his daughter V.J. was 11 years old. L.J.’s testimony regarding the events of September 11, 1989, was substantially similar to V.J.’s up to the time he was taken to the hospital. Approximately two weeks later, V.J. left a note addressed to “Mom and Dad” before she got on the school bus. L.J. stated that when V.J. got home from school that day, he talked to her about the note and, when she was too embarrassed to discuss the matter with him, asked her to write a second note. L.J. turned the notes over to the county investigator and in court identified People’s exhibits 1 and 2 as the notes V.J. had written.

George Wise, the chief investigator for the Montgomery County sheriff’s department, testified that on October 31, 1989, he spoke with defendant about the events of September 11. Defendant denied that he had intentionally done anything of a sexual nature to V.J. Defendant told Wise that V.J. had been crying due to her distress at seeing her father injured and that in putting his arm around her to console her, his hand may have accidentally touched her breast. Wise testified that defendant had given his age as 34.

J.S. testified that in July 1989, she was 14 years old and lived near defendant in Coalton, Illinois. During July 1989, she was at defendant’s home when, as she was going outside, defendant came up behind her and “grabbed” her. J.S. stated that defendant dragged her through the kitchen and into his son’s room where he threw her onto the floor and “raped” her. Although no questions regarding her condition were asked, the record reflects that at the time of defendant’s trial in March 1990, J.S. was “noticeably pregnant.”

Elbert Lee Robinson testified that he was 14 years old and that defendant was his father. Robinson testified that in July 1989, his friend J.S. came to the home he shared with his mother, father and sister and that when he left the house J.S. was in the front room.

Defendant testified that on September 11, 1989, L.J., V.J., and J.J. came to his house on horses and a bicycle about 6:30 p.m. L.J. left to go into town for food and cigarettes and the children remained at defendant’s house. L.J. returned several hours later, and after drinking several beers with defendant, he asked if defendant would help him take the children home. Defendant’s son and L.J. rode the horses, and defendant took V.J. and J.J. in the car along with his daughter and stepson. During the ride, L.J.’s horse bolted, went through a wire gate and then rolled over on L.J. V.J. began to cry and scream “get up” to her father. Defendant put his arm around V.J. to comfort her and told her that everything was going to be all right. Defendant’s stepson drove L.J. to obtain a ride to the hospital from a licensed driver.

Defendant and V.J. walked the horses back to L.J.’s house, the trip taking about 45 minutes. Defendant testified that it had been “misting rain” during the walk, and that V.J. was shaking, cold and wet, so that when they approached the house, V.J. said she was tired and started running. Defendant denied ever putting his hand inside V.J.’s pants, his finger in her vagina, or touching her breast.

Christopher Eller testified that in September 1989, he was riding the school bus with V.J. and heard her tell Michelle Eller that Frank Stivers had molested her.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 1182, 228 Ill. App. 3d 670, 170 Ill. Dec. 502, 1992 Ill. App. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-woltz-illappct-1992.