APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION
545 N.E.2d 1014, 190 Ill. App. 3d 47, 137 Ill. Dec. 253 1989.IL.1633
Appeal from the Circuit Court of Cook County; the Hon. Ronald A. Himel, Judge, presiding.
JUSTICE CAMPBELL delivered the opinion of the court. BUCKLEY and O'CONNOR, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE CAMPBELL
Following a bench trial defendant, Warren Wiler, was convicted of pandering and juvenile pimping in violation of sections 11-16(a)(2) and 11-19.1(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, pars. 11-16(a)(2), 11-19.1(a)). Subsequently, the trial court sustained defendant's motion for a judgment of acquittal for the charge of juvenile pimping, and defendant was sentenced to 24 months' probation for pandering.
On appeal defendant contends that he was denied due process when the trial court convicted him of pandering, despite the prosecutor's failure to present any evidence of that crime.
Detective Leonard Bajenski of the Chicago police prostitution unit testified that about 11:15 p.m. on June 3, 1987, he was walking southbound on the east side of Broadway near Irving Park in Chicago when he observed defendant with a young woman, L.B., walking northbound on the west side of Broadway. Defendant whistled at Bajenski and motioned for him to cross the street, but when Bajenski stayed on the east side of the street, defendant and L.B. crossed over to him. Defendant asked Bajenski if he was interested in fellatio with L.B., and Bajenski replied that he was not, but he was interested in sexual intercourse. Defendant then stated that sexual intercourse would cost $50, and Bajenski agreed and asked if defendant had somewhere they could go. Defendant stated that he did not have a place and asked Bajenski if he had any place they could go. Bajenski said that he had a car. Defendant then told Bajenski to get his car and meet the two of them at a tavern located at Belle Plaine and Broadway.
Bajenski walked to Irving Park and waited for his partner, Officer Bunge, to drive by. When Bajenski saw Bunge, he informed him of the deal he had with defendant and instructed Bunge to walk to Belle Plaine and Broadway. Meanwhile, Bajenski drove to the tavern.
When Bajenski arrived at the tavern, he saw defendant and L.B. at a nearby apartment building sitting on a porch. Bajenski parked and got out as defendant approached and asked him if he had the money. Bajenski said that he did, and when he reached into his pocket, defendant told him to "hold it, don't do anything here." L.B. then approached Bajenski and defendant and asked what was going on. Bajenski told her that he gave defendant $50 to have intercourse with her. L.B. responded approvingly and returned to her seat on the porch. Defendant asked Bajenski to walk to the tavern so that they could "discuss it in there." Once inside the tavern, defendant told Bajenski that L.B. did not want to have intercourse in the car because she lived in the area and was afraid someone would see her. When Bajenski replied that he could take her to a motel, defendant agreed and then asked for $50. Bajenski paid defendant $50; then defendant told him "okay she is ready to go." Bajenski testified that L.B. did not enter the tavern, and that defendant told him that she could not enter the tavern because she was only 15 years old.
When Bajenski exited the tavern, he went to his partner and told him that he had paid defendant $50 to have sexual intercourse with L.B., and instructed Bunge to arrest defendant when he exited the tavern. Bajenski then went over to L.B. and after he told her that he paid defendant and they were going to a motel, L.B. said "fine." As Bajenski and L.B. walked to the car, Bunge yelled that defendant was running north on Broadway. Bajenski got into his car to pursue defendant, but Bunge caught defendant and arrested him.
Officer Bunge testified that he was in a vehicle when Bajenski approached him and informed him of his arrangement with defendant. He then proceeded by foot northbound on Broadway to Belle Plaine, stopped at a grocery store and observed Bajenski on the opposite side of the street talking with defendant and L.B. After a few minutes Bunge saw Bajenski and defendant go into a tavern, and he walked across the street and stood in front of the tavern. Bajenski then exited the tavern and told Bunge to arrest defendant when he left the tavern. When Bunge saw defendant, he identified himself as a police officer and defendant began running. Bunge pursued defendant on foot for several minutes before he was apprehended. Bunge recovered $50 from defendant's pants pocket.
The trial court found defendant guilty of pandering and juvenile pimping. The trial court sustained defendant's post-trial motion for a judgment of acquittal for the charge of juvenile pimping, and denied defendant's motion for a new trial or alternatively for a judgment of acquittal and motion in arrest of judgment as to the pandering charge. Defendant was sentenced to 24 months' probation.
On appeal defendant contends that (1) he was denied due process because the prosecution did not present any evidence of any element of the crime of pandering; and (2) he was convicted of ...