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06/30/94 PEOPLE STATE ILLINOIS v. CLIFTON ROBINSON

June 30, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
CLIFTON ROBINSON, DEFENDANT-APPELLANT.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE THOMAS P. CAWLEY, JUDGE PRESIDING.

Rehearing Denied August 2, 1994. As Corrected September 13, 1994. Petition for Leave to Appeal Denied December 6, 1994.

Campbell, O'connor, Jr., Manning

The opinion of the court was delivered by: Campbell

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Defendant, Clifton Robinson, was charged by indictment with two counts of aggravated criminal sexual assault and two counts of criminal sexual assault. Following a bench trial, defendant was found guilty of two counts of aggravated criminal sexual assault, and sentenced to two consecutive terms of six years imprisonment. On appeal, defendant contends that: (1) he was denied his constitutionalright to equal protection, where his conduct violated the provisions of two separate offenses, and he was sentenced for the greater offense; (2) he was charged under a faulty indictment which failed to allege his mental state; and (3) the trial court erred in sentencing him to consecutive sentences under the mandatory sentencing law. For the reasons stated herein, we affirm the judgment of the trial court.

The record reveals the following relevant facts. After a pre-trial suppress ion hearing, the trial court entered a finding that defendant's statement in which he admitted to committing two sexual assaults was voluntary.

Defendant's case proceeded to a bench trial on April 3, 1992. At trial, M.P. testified on behalf of the State that she is 13 years old. On August 15, 1991, M.P. was on her way home from a park, when she encountered defendant. Defendant was on his porch and called to M.P. M.P. went to the porch to see what defendant wanted. Defendant asked M.P. if she was going to give him "some coochie," which M.P. understood to mean to have sex with him. M.P. said yes,; and defendant went into his house to get L.G., defendant's seven-year-old cousin. When defendant returned, he said to M.P. "are you ready," and M.P. said yes.

M.P., defendant and L.G. walked to the railroad tracks a block away on Racine Avenue. They got up on a red truck, and defendant asked M.P. to suck his penis. M.P. said no. Defendant then asked L.G. to suck his penis, and she did so. At that time, defendant was in front of the truck and L.G. was on the truck, and defendant had his hands on L.G.'s head. M.P. was standing a few inches away. L.G. sucked defendant's penis for about three minutes. Then defendant told M.P. to lie down on the truck, and he pulled up her skirt, and pulled down her pants. Defendant then rubbed his penis against M.P.'s vagina. Soon some boys approached the tracks, and M.P. got up and pulled down her skirt. About five minutes later, the three left the tracks. Defendant told L.G. that he would give her a dollar if she would not tell her mother that he made her suck his penis. M.P. stated that she then went to her friend Tina's house. M.P. told her brother and Tina what had happened. On August 16, 1991, M.P. reported the incident to the police.

Chicago police officer Anthony Wilczak testified that on August 15, 1991, he and his partner Officer Przybylski received a call to investigate a sexual assault, and interviewed L.G. and M.P. The officers took the complainants to the railroad tracks at 1100 West 49th Street and observed an abandoned pickup truck.

Chicago police officer Terrence O'Connor testified that on August 16, 1991, he and his partner Officer Boudreau, went to 1236 West50th Street and interviewed complainant, L.G., and her mother, Y.G. At that time, they learned that defendant was L.G.'s cousin, and lived at the same address, but was not home. The detectives attempted to locate defendant, but were unsuccessful and returned to the police station.

At about 10 p.m., the detectives received a call from defendant's mother, Sharon Robinson, who was at the home of her hairdresser at 95th Street and Constance. The detectives went to that address, encountered Robinson and defendant, and explained the allegations against defendant. At approximately 10:30 p.m., Robinson and defendant accompanied the detectives to the police station. The detectives escorted defendant up to their offices on the third floor, while Robinson remained on the first floor. Officer Przybylski arrived with L.G., and M.P., and told Officer O'Connor that defendant had sexually assaulted them.

At approximately 11 p.m., defendant was placed in an interview room and was advised of his Miranda rights. Defendant stated that he understood his rights. Officer O'Connor told defendant what the complainants had said. At the time of defendant's arrest, defendant stated that he was seventeen years old.

On cross-examination, Officer O'Connor stated that defendant told him that when he, L.G., and M.P. were on the railroad tracks, he and M.P. were going to engage in an act of sexual intercourse, and that during this incident, L.G. grabbed his penis and put her mouth on it, in an effort to gain some sort of pop or candy treat.

Officer O'Connor stated that he spoke to the complainants again after speaking to defendant, and that M.P.'s story was different. M.P. initially said that she saw an act between L.G. and defendant. Later, M.P. told the officer that she did attempt to ...


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