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08/16/94 PEOPLE STATE ILLINOIS v. ALBERT ROBINSON

August 16, 1994

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



Appeal from the Circuit Court of Cook County. The Honorable Thomas P. Durkin, Judge Presiding.

As Modified on Denial of Rehearing November 29, 1994. As Corrected September 15, 1994. Rehearing Denied November 16, 1994. Released for Publication December 16, 1994.

Presiding Justice DiVito delivered the opinion of the court: Scariano and McCormick, JJ., concur.

The opinion of the court was delivered by: Divito

MODIFIED ON DENIAL OF REHEARING

Presiding Justice DiVito delivered the opinion of the court:

Following a bench trial, defendant Albert Robinson was convicted of six counts of aggravated criminal sexual assault, which merged into three convictions, and sentenced to two concurrent 25-year terms of imprisonment. He contends on appeal that he was not proved guilty of aggravated criminal sexual assault beyond a reasonable doubt because there was insufficient evidence of bodily harm to prove more than simple criminal sexual assault. For reasons that follow, we affirm defendant's convictions, but we remand for a new sentencing hearing because the circuit court failed to sentence him on the third conviction.

At trial, the 10-year-old complainant testified that on June 24, 1991, she was visiting her aunt on the 16th floor of a Chicago Housing Authority building located at 3651 South Federal in Chicago. At 8:30 p.m., the complainant and two of her friends went to the 17th floor, which was uninhabited, to jump rope. Defendant approached the girls, gave the complainant's friends money, and told them to go to the store. When they left, he pushed the complainant into the laundry room, took off her clothes, and made her lie down on the floor. The complainant testified that defendant then tried to put his penis into her vagina, and that his penis did touch her vagina. When asked on cross-examination whether her testimony was that defendant put his penis in her vagina, the complainant responded, "yes." She testified that defendant also made her lie on her stomach, and put his penis into her "bootie." Afterward, she defecated on the laundry room floor. She stated that both acts of sexual intercourse hurt. Defendant then forced her to perform oral copulation. After defendant allowed her to leave, she told her aunt what happened, and the police took her to the hospital. The complainant did not know defendant's name, but knew that he lived in the building, and described him as the boy with the kittens.

The complainant's aunt testified that at 9 p.m., the complainant came into the apartment "dirty, crying, and hysterical." Her pants were missing and she said that she had been "bothered with" by the "boy with the cats." The complainant said that defendant "put his thing in her mouth," "bothered her behind her," and "entered her." The witness then testified as follows:

": Did she say where?

: Yes.

Q: Where?

A: She calls it in her, she didn't say her -- she would say vagina if you give her a chance. If not she would say he put his thing in my --

Q: Besides her vagina and him putting his thing in her mouth did she say anywhere else ...


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