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People v. Schultz

OPINION FILED JULY 3, 1979.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ROY SCHULTZ, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Will County; the Hon. WAYNE C. TOWNLEY, Judge, presiding.

MR. JUSTICE BARRY DELIVERED THE OPINION OF THE COURT:

On July 24, 1977, Bruce Wood, his wife Ada, and their two children, Tracy (age 5) and Timothy (age 2), were driving to Metamora, Illinois, when they saw a car driven by the defendant, Roy Schultz, an escapee from the Kansas State Penitentiary, run off of the road. The Woods, seeking to render whatever assistance they could to the defendant, pulled over, and Bruce Wood offered to give Schultz a ride. Schultz, however, suddenly drew a gun on Bruce Wood and took control of the Woods' car.

The Woods and Schultz drove for some time, during which Schultz took approximately $100 from Bruce Wood's wallet. Eventually they arrived at the Bloomington Ramada Inn. Schultz obtained a room there, and once inside tied up Bruce Wood. He then made Ada Wood undress and perform fellatio upon him. After forcing her to perform this deviate sexual act, he took Bruce and Timothy Wood into the bathroom. He then made Ada Wood undress Tracy and show her how to perform fellatio upon him. Subsequently, Tracy did perform this act upon Schultz. Afterwards, Schultz made Ada Wood join the two others in the bathroom. Approximately 30 minutes later, Tracy came into the bathroom and stated that the defendant had placed his finger in her vagina. Ada Wood corroborated this when she testified that she did in fact see blood on Tracy. Later, the defendant again forced Ada Wood to perform fellatio upon him. Eventually, the Woods subdued the defendant and called the police.

Schultz was charged by information with seven counts of aggravated kidnapping, two counts of deviate sexual assault, two counts of indecent liberties with a child, and one count of armed robbery. For the sake of clarity, listed below are the various counts, the particular crime alleged to have been committed by Schultz and the activity performed in each count, the victim in each count and the section of the Illinois Criminal Code that was allegedly violated:

Count I — Aggravated kidnapping — child under 13 (Tracy Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(2).

Count II — Aggravated kidnapping — child under 13 (Timothy Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(2).

Count III — Aggravated kidnapping — armed with a dangerous weapon (Bruce Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(5).

Count IV — Aggravated kidnapping — armed with a dangerous weapon (Ada Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(5).

Count V — Aggravated kidnapping — armed with a dangerous weapon (Timothy Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(5).

Count VI — Aggravated kidnapping — armed with a dangerous weapon (Tracy Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(5).

Count VII — Aggravated kidnapping — deviate sexual assault (Ada Wood). Ill. Rev. Stat. 1975, ch. 38, par. 10-2(a)(3).

Count VIII — Deviate sexual assault — oral copulation (Ada Wood). Ill. Rev. Stat. 1975, ch. 38, par. 11-3(a).

Count IX — Deviate sexual assault — oral copulation (Tracy Wood). Ill. Rev. Stat. 1975, ch. 38, par. 11-3(a).

Count X — Indecent liberties with a child — oral copulation (Tracy Wood). Ill. Rev. Stat. ...


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