APPEAL from the Circuit Court of Cook County; the Hon. BRIAN
L. CROWE, Judge, presiding.
PRESIDING JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT:
After a bench trial, defendant was convicted of deviate sexual assault and two counts of armed robbery and concurrently sentenced to an extended term of 50 years. On appeal, he contends that: (1) he was not proved sane beyond a reasonable doubt; (2) the extended term sentencing statute is unconstitutionally vague; and (3) the trial court abused its discretion in imposing the sentences.
A married couple were the victims of the offenses, and the wife testified that she and her husband were awakened at about 3 a.m. by a light being turned on; that she saw a man, whom she later identified in a lineup as defendant, wearing a knee-length military coat, dark blue ski mask with red trim, and brown gloves; that he was standing at the foot of their bed holding a gun to the head of their infant son; that defendant told them to "do what I say or else;" that he gave her some rope and told her to tie her husband's hands and feet behind his back; that defendant then pointed a gun at her and told her to go into the dining room where he said "Kneel, Bitch" and pushed her down in front of him while holding a gun to her head; that defendant forced his penis into her mouth and, when he had an orgasm, ordered her to "swallow it;" that defendant took her back to the bedroom, where he tied her in the same manner as her husband; and that defendant then took their watches and other belongings.
The husband testified in substance to the same facts and, in addition, that defendant also took their wallets containing a sum of money; that the police recovered his wife's fur coat, some books and magazines, and a mixer but that his camera equipment was never found; and that as he was viewing a lineup, defendant stepped forward, threw up his hands and said, "you can stop. What's the use? I did it." The husband's testimony regarding defendant's admission was corroborated by assistant State's Attorney David Weiner and Investigator John Battistella, both of whom witnessed the lineup.
The victims further testified that they were Ph.D. candidates at the time in question and were trained in the observation of personality disorders; that having observed defendant at close range during the incident, they concluded his behavior was normal. On cross-examination, the wife testified that as she had not previously seen defendant, she could not say whether his eyes, voice and mannerisms were any different than on other occasions. The husband admitted that he and his wife were told defendant would probably assert an insanity defense.
Since no reasonable doubt argument is made on appeal, a detailed statement of the facts will not be necessary and that evidence will be discussed only as relating to the contentions raised.
The trial court found that at the time of the offense, defendant was able to appreciate the criminality of his conduct and to conform it to the requirements of the law and that he was guilty of deviate sexual assault and armed robbery as charged.
• 1 We first consider the question of the insanity defense. Section 6-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, par. 6-2) provides:
"(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
(b) The terms `mental disease or mental defect' do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct."
The law has long expressed the deep commitment of society to avoid the injustice of convicting a person who is insane. To that end, the criminal law is made to apply only to those who can be held responsible for their conduct. (See G. Fletcher, Rethinking Criminal Law 835-36 (1978).) Thus, the insanity defense reflects the fundamental principle that a person is not criminally responsible for an involuntary act. People v. Grant (1978), 71 Ill.2d 551, 377 N.E.2d 4.
• 2-4 The law presumes all people sane (People v. Martin (1980), 87 Ill. App.3d 77, 409 N.E.2d 114), but when evidence is introduced sufficient to raise a reasonable doubt of sanity, it is incumbent upon the State to establish beyond a reasonable doubt that the accused had capacity to commit the offense at the requisite time (Ill. Rev. Stat. 1977, ch. 38, par. 3-2; People v. Sutton (1976), 43 Ill. App.3d 1008, 357 N.E.2d 1209), or as otherwise expressed, that he was sane beyond a reasonable doubt (People v. Arndt (1980), 86 Ill. App.3d 744, 408 N.E.2d 757). As stated in People v. Spears (1978), 63 Ill. App.3d 510, 516, 380 N.E.2d 423, 428:
"[E]ither an impairment of cognition or an impairment of volitional capacity may prevent an individual from conforming his actions to the requirements of the law and therefore give rise to a defense of insanity. * * * Thus, although an accused understood the nature of his conduct and appreciated its wrongfulness, he will be excused from criminal liability if his ...