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12/29/88 the People of the State of v. Wayne A. Sagstetter

December 29, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

WAYNE A. SAGSTETTER, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

532 N.E.2d 1029, 177 Ill. App. 3d 982, 127 Ill. Dec. 200 1988.IL.1907

Appeal from the Circuit Court of Stephenson County; the Hon. Lawrence A. Smith, Jr., Judge, presiding.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. DUNN and McLAREN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Defendant, Wayne A. Sagstetter, was charged in a two-count information, in which count I alleged he committed a criminal sexual assault on his 14-year-old stepdaughter, and count II alleged that he committed aggravated criminal sexual abuse against his stepdaughter.

Defendant agreed to enter a plea of guilty to the aggravated criminal sexual abuse charge. In return, the prosecutor agreed to dismiss the criminal sexual assault charge and to recommend a sentence of 30 months' probation. Under the plea bargain agreement, defendant was to serve 120 days in jail, receive counseling, and not have contact with his stepdaughters.

The prosecutor's factual basis was that defendant entered his stepdaughter's bedroom on September 12, 1986, and placed his hands "on her breast area and between her legs." Defendant also admitted to the police that he placed his tongue inside his stepdaughter's vagina. After admonishing defendant and hearing the factual basis, the court accepted the guilty plea and entered a judgment of guilty. The court ordered a presentence report.

The presentence investigation was summarized as follows:

"The defendant took sexual advantage on a young girl. The defendant was in the home as a step-parent. He took advantage of his position within the family for his personal sexual gratification. This is most unfortunate, as the crime [affects] more than just the defendant.

. . . The defendant himself, appeared to be remorseful for his actions. He may now begin to realize the immense adverse effects his actions had on this family. Mr. Sagstetter needs to continue with counseling and at this time appears to be willing to do so."

Two documents were attached to this report. First was a letter from Dave Manson, master clinician of the Jane Adams Mental Health Community Center (Jane Adams). In the course of outpatient treatment for defendant, he had interviewed the defendant on six occasions. Manson wrote as follows:

"Mr. Sagstetter is an inadequate and inept individual who functions on a very infantile level. He has had a poor vocational history and marital relationship. He lacks empathy for others and manipulates others to meet his needs. He is incapable of healthy adult/adult relationships. He does not differentiate between healthy and dysfunctional ways of meeting his needs. He exhibits delusion that distort the thoughts, feelings and intent of others. He shows minimal comprehension and understanding of his own personality and motivations. While admitting to having sex with his daughter against her will on many occasions, he does not take ownership for that behavior or show remorse for it.

Enclosed are some of Mr. Sagstetter's thoughts and feelings that he wrote down and gave to me. As you read what he wrote, please note the erotic, if not pornographic, nature of his experience. These thoughts and feelings are directed toward a child. He admits to lacking control of his sexual thoughts and feelings toward ...


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