Appeal from Circuit Court of Vermilion County No. 96CF264 Honorable Thomas J. Fahey, judge Presiding.
The opinion of the court was delivered by: Justice Steigmann delivered the opinion of the court:
MODIFIED ON DENIAL OF REHEARING
In June 1996, the State charged defendant, Robbie J. Moore, with three counts of aggravated criminal sexual assault (720 ILCS 5/12- 14(b)(1) (West 1994)) and one count of aggravated criminal sexual abuse (720 ILCS 5/12-16(d) (West 1994)). Subsequently, the trial court granted the State leave to amend the aggravated criminal sexual assault charges to three counts of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1 (West 1996)). Defendant waived jury trial, and in January 1997, the court conducted a bench trial and found defendant guilty of all charges. In April 1997, the court sentenced defendant to 20 years in prison on each of the three counts of predatory criminal sexual assault of a child and 7 years in prison for aggravated criminal sexual abuse, with these sentences to be served consecutively. The court also awarded defendant 312 days' credit for time served prior to sentencing.
Defendant appeals, arguing that (1) the State failed to prove him guilty beyond a reasonable doubt of predatory criminal sexual assault of a child and aggravated criminal sexual abuse; (2) his convic- tion should be reversed because the supreme court has declared uncon- stitutional the statute which created the offense of predatory criminal sexual assault of a child; (3) because the "truth-in-sentencing" legis- lation to which the trial court referred at the sentencing hearing vio- lates the Illinois Constitution, this case must be remanded to clarify defendant's entitlement to day-for-day credit for time served; and (4) because defendant received consecutive terms of imprisonment for multiple convictions, he is entitled to multiple credit for time served in custody prior to sentencing. We affirm as modified and remand with directions.
At defendant's bench trial, the State's primary witnesses were the three juveniles who were the alleged victims of defendant's crimes.
Counts I and II alleged that between February 1, 1996, and June 10, 1996, defendant knowingly committed an act of sexual penetra- tion with T.C., who was under 13 years of age when the acts were committed, in that defendant placed his penis in T.C.'s mouth.
At the time of the January 1997 bench trial, T.C. was 12 years old. He testified that he met defendant, whom he knew by the name of "Ratt," when Ratt and his girlfriend, Kimberly Harris, moved into the neighborhood. At first, Ratt was nice to T.C.'s brothers and the other 11- or 12-year-old children who hung around Ratt's trailer.
Ratt and Kim spoke to T.C. about what they called the "Inner Circle," which Ratt explained consisted of people who "had powers" and could control other people's minds. Ratt told T.C. he could become a member of the Inner Circle if he passed a test and paid Ratt $50 per month. T.C. "thought it would be cool" to become a member and told Ratt he wanted to join.
On one occasion, because T.C.'s mother said that she would not permit him to spend the night away from home, T.C. pretended that he was going to run away but he actually stayed at Ratt's trailer. At some point during that evening when Ratt and T.C. were alone in one of the trailer's bedrooms, Ratt gave T.C. an envelope with a paper inside. T.C. read the paper that said he had to let Ratt "fondle me and other stuff like that." After T.C. read the paper, Ratt burned it. He also informed T.C. if he did not do what Ratt said, T.C. would die.
Ratt then told T.C. to take his pants off, and T.C. complied, "because I wanted to be in the cult thing." Ratt then made T.C. suck Ratt's penis, and then Ratt sucked T.C.'s penis. T.C. testified that Ratt then "stuck his penis in my butt." T.C. said nothing during all of this because he "really wanted to be in the cult."
After Ratt told T.C. that Ratt was done, they went into the living room, and T.C. fell asleep. He left the trailer around 3 a.m. and returned home. T.C. did not tell anybody about this event until a few months later.
T.C.'s mother grounded him for a month for being out so late, but after that ended, T.C. returned to see Ratt at his trailer. Ratt told T.C. that no one else was present and that if T.C. did the same things again, T.C. would not have to pay $50 that month. Ratt had originally explained to T.C. that the $50 was for "materials and stuff" that Ratt was going to use to teach T.C. about the cult. T.C. testified he agreed, and Ratt made him suck Ratt's penis again, Ratt also sucked T.C.'s penis, and then Ratt again stuck his penis in T.C.'s anus. When Ratt was done, T.C. went home and told no one about the incident until about a month later.
Ratt had T.C. sign a piece of paper (which also contained other names) to signify that T.C. was in the cult. When T.C. testified, the prosecutor showed him a piece of paper bearing his signature and the names of Ratt and other children. T.C. identified the paper as the one he had signed.
According to T.C., A.C.'s mother found a bunch of books and notes that apparently caused her to contact the police regarding Ratt, A.C., and other children. That occurred about a month or so after the last incident involving T.C. and Ratt.
On cross-examination, T.C. at first said that it was painful when Ratt stuck his penis in T.C.'s anus, but he later explained that it was not "really painful because [Ratt] had some cream that I guess numbed it." T.C. claimed that he never had any blood in his underpants as a result of either of these incidents, and he never received any medical treatment. Although T.C. told some of his friends about "what was going on with the Inner Circle," he never talked to them about how someone got into the Inner Circle.
Count III alleged that defendant committed predatory criminal sexual assault of a child between February 1, 1996, and June 10, 1996, because he knowingly committed an act of sexual penetration with J.G., who was under 13 years of age when the act was committed, in that defendant placed his finger in J.G.'s anus. At defendant's trial, J.G. testified that he was six years old. He had trouble remembering dates but testified that he met defendant, whom he also knew as Ratt, through his cousins. Along with other kids, he visited Ratt's trailer a few times.
During one of J.G.'s visits to Ratt's trailer with several of J.G.'s cousins, J.G. and Ratt were alone in the kitchen when the others left that room. J.G. testified that Ratt then "sticked his finger up my butt." Ratt first told J.G. to get on the ground and J.G. tried to run but Ratt grabbed him and J.G. could not. J.G. explained that he did not yell when Ratt put his finger in J.G.'s anus because Ratt said he would kill J.G.
J.G. was wearing pants, but Ratt did not take the pants down. According to J.G., Ratt was able to put his finger up J.G.'s butt because J.G. had a hole in his pants. J.G. also explained that he had a hole in his underwear as well. When Ratt released J.G., he ran home and told his father, who called the ...