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08/13/87 the People of the State of v. Ruben Johnson

August 13, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

RUBEN JOHNSON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

515 N.E.2d 137, 161 Ill. App. 3d 551, 113 Ill. Dec. 328

Appeal from the Circuit Court of Cook County; the Hon. Thomas A. Hett, Judge, presiding.

Rehearing denied October 26, 1987 1987.IL.1166

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. McMORROW, P.J., and JOHNSON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

After a bench trial, defendant, Ruben Johnson, was convicted of one count of criminal sexual assault, three counts of aggravated criminal sexual assault, and one count of unlawful restraint. He was sentenced to concurrent prison terms of 15 years on all charges.

On appeal, he contends: (1) he was not proved guilty beyond a reasonable doubt; (2) multiple convictions of aggravated criminal sexual assault predicated on aggravated battery and unlawful restraint are improper and redundant; and (3) the court improperly considered certain aggravating factors during the sentencing hearing.

We affirm as modified.

Background

Complainant testified that she met Johnson January 25, 1985, when he was in a cafeteria line at the Woolworth's store where she worked. Complainant was serving food at the time and Johnson initiated a conversation. He asked her out for a drink, which she refused, and he then began to give her "a hard way to go."

When she finished working for the day, complainant went across the street to a restaurant for a drink. A friend of hers, Cathy Jones, was also in the bar. Johnson approached complainant, introduced himself and apologized for his behavior at the store. He bought her a drink and they began conversing. Complainant's friend left shortly thereafter.

During the course of the conversation, complainant told Johnson that she was interested in moving to the north side of the city. He invited her to come to his apartment building on the north side, which he claimed had some vacant apartments that he could show her. The two left and took the el to Johnson's neighborhood. On the way, Johnson purchased beer, vodka, and cigarettes.

At the apartment building, complainant spoke briefly to the desk clerk, who indicated that he knew Johnson. She followed him to his one-room apartment. Johnson offered her a beer, which she accepted. She stood by the window for a period of time, drinking, after which she turned around and saw Johnson sitting in a chair, naked from the waist down.

She told Johnson, "I don't know what you are looking at me for, because I am not going to do anything." He stood up and opened the bottle of vodka, telling complainant to take a drink. She refused, and he hit her on the left side of the face. He again demanded that she take a drink, which she did, and then ...


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