The opinion of the court was delivered by: Justice Freeman
Docket No. 89057-Agenda 10-November 2000.
Following a bench trial in the circuit court of Adams County, defendant, Joseph Maggette, was ultimately convicted of two counts of criminal sexual assault and one count of residential burglary. 720 ILCS 5/12-13(a)(2), 19-3 (West 1998). He was sentenced to prison terms totaling 30 years.
The appellate court reversed defendant's criminal sexual assault convictions and affirmed his residential burglary conviction. 311 Ill. App. 3d 388. We allowed the State's petition for leave to appeal (177 Ill. 2d R. 315(a)); defendant cross-appeals. We now affirm the appellate court, but modify defendant's sentence.
The State's evidence at trial was essentially as follows. In late May or early June 1998, defendant moved into the Hotel Elkton (Elkton) in Quincy, Illinois. The victim, G.J.S., was employed as a housekeeper there. She had seen defendant prior to his moving into the Elkton, when he worked at a recycling center in Quincy. There, he would wave or speak to her or her husband.
While defendant resided at the Elkton, he followed the victim while she worked, asking questions about her. During these conversations, defendant repeatedly stated that "he wanted to be more than friends" with her; that "he wanted to have an affair" with her; and that he would like to perform cunnilingus on her. The victim always and repeatedly responded that she could only offer defendant friendship. She told defendant that she was married, intended to be faithful to her husband, and did not want to have an affair with him.
The victim had a friend, L.F., who lived at the Elkton. L.F. witnessed some of the above-stated conversations between the victim and defendant. L.F. told defendant more than once to stay away from the victim.
On June 3, 1998, L.F. and the victim had planned to celebrate the twenty-first birthday of L.F.'s son. They were going to have a party that afternoon at L.F.'s apartment, and would take him out that evening. Prior to the victim's arrival, L.F.'s son appeared briefly and then left, telling L.F. that he would soon return. The victim arrived. Defendant subsequently came by, looking for the victim; L.F. allowed him in her apartment. L.F.'s son never returned. L.F. and the victim accordingly made plans to go out themselves that evening. Defendant was present when L.F. and the victim planned their evening. They did not invite defendant.
The victim went to her home and, at approximately 7:30 p.m., returned to L.F.'s apartment. The victim brought her dinner with her, but she did not eat it. The victim, L.F., and two of their friends went to a tavern. L.F. saw defendant sitting at the bar with someone; he did not say anything to the victim and her friends. After several drinks, the victim and her friends left that tavern and went to a second one. None of them saw defendant. They drank there for approximately one to two hours. According to L.F., she was not intoxicated, but the victim was.
They drove to a tavern called Port's Place, located two buildings away from the Elkton. Before entering, the victim decided to go to L.F.'s apartment, eat the meal that she brought there, and then rejoin her friends. L.F. gave the victim the key to her apartment. L.F. and her friends entered the tavern, and the victim went to L.F.'s apartment. The victim let herself in, but did not recall locking the door. She decided to rest before eating her meal. She lay down on the living room sofa and fell asleep.
In the tavern, defendant approached L.F. and asked where was the victim. L.F. told him that the victim was in L.F.'s apartment and that she would soon return. Saying that he would telephone the victim, defendant left. L.F. did not give defendant permission to enter her apartment.
The victim at first thought that she was dreaming about being with her husband. She felt her breast being sucked, her vaginal area being rubbed, and her hand rubbing a penis. She opened her eyes and saw defendant laying over her. The victim was wearing a jumpsuit that zipped and buttoned down the length of the suit's front center. Both the zipper and the buttons were undone; her bra was pulled up over her breasts; her panties were still on. One of defendant's hands was rubbing the victim's hand on his exposed penis. During the subsequent police investigation and direct examination at trial, the victim stated that defendant's other hand was rubbing her vagina over her panties. However, during cross-examination at trial, the victim testified that defendant's other hand was rubbing her vaginal area both over and underneath her panties. As she awoke, she asked defendant what he had done and how he had gotten into the apartment. Defendant replied: "I am not finished, just let me finish," or "let me go all the way." The victim shouted at defendant and ordered him to leave the apartment.
Defendant left, and the victim locked the apartment door. The victim locked herself in the bathroom and repeatedly washed herself. Defendant telephoned the apartment; the victim answered the phone, hung up on him, and again locked herself in the bathroom. Defendant later returned to the apartment and knocked on the door, saying that he wanted to talk to her. The victim ignored him and remained in the bathroom.
Defendant returned to the tavern. L.F. asked him where was the victim. He answered that she was in the apartment. Deciding to check on the victim, L.F. went to her apartment. She knocked on her apartment door. L.F. heard the victim and asked what was wrong. The victim would not answer and would not let L.F. into the apartment. L.F. obtained a spare key and went inside. The victim was locked in the bathroom; with difficulty, L.F. persuaded the victim to open the door. The victim was crying, her clothes were undone, and she was washing herself. L.F. led the shaking victim to the living room, where she told L.F. what had happened.
They returned to the tavern. Defendant was still there, and L.F. confronted him. She shouted her accusations at defendant, who said that he did not do it, or even know what L.F. was talking about.
On June 5, 1998, a Quincy police officer took the initial report in this case. On June 8, Bryan Dusch, a Quincy police department investigator, interviewed the victim, L.F., and defendant. During his interview, defendant told Dusch the following. Defendant was with L.F. and the victim at L.F.'s apartment on the afternoon of June 3. Further, early the next morning, defendant was at Port's Place for a short time. He saw L.F. there and asked where was the victim. L.F. told him that the victim was intoxicated and in L.F.'s apartment. Defendant initially told Dusch that he left the tavern to speak with friends outside. Defendant later admitted to Dusch that he went to L.F.'s apartment, knocked on the door, and received the victim's permission to enter. She was sitting on the sofa. Initially, defendant denied any sexual interaction with the victim; he left the apartment when she told him that she was intoxicated and sick. Later, in tears, he told Dusch that he kissed the victim. She told him that she did not want to cheat on her husband, and then he left. Defendant returned to the tavern, where L.F. told him to leave the victim alone or L.F. would have him arrested. Defendant denied knowing why L.F. was upset with him. Dusch arrested defendant following the interview.
Defendant was ultimately charged in a five-count amended information. Counts I and V charged defendant with criminal sexual assault in that he, knowing that the victim was unable to give knowing consent, committed acts of sexual penetration. Count I charged that defendant placed the victim's hand on his penis, and count V charged that defendant "rubbed the vagina of [the victim], through her clothing, with his finger." See 720 ILCS 5/12-13(a)(2) (West 1998). Counts II and III charged defendant with criminal sexual abuse in that he, knowing that the victim was unable to give knowing consent, committed acts of sexual conduct. Count II charged that defendant fondled the victim's breasts for the purpose of his sexual arousal, and count III charged that defendant "fondled the vagina of [the victim] through her clothing, for the purpose of [his] sexual arousal." See 720 ILCS 5/12-15(a)(2) (West 1998). Count IV charged defendant with residential burglary in that he knowingly and without authority entered into L.F.'s dwelling with the intent to commit a criminal sexual assault. See 720 ILCS 5/19-3(a) (West 1998).
Defendant testified for the defense essentially as follows. Early on June 4, 1998, defendant left his job and went to his apartment. At approximately 1:45 a.m., defendant went to Port's Place to have a beer. He saw an intoxicated L.F., who said that the victim was looking for him and was in L.F.'s apartment. Defendant went to L.F.'s apartment to learn what the victim wanted. The victim answered the door and hugged and kissed defendant. He was of the opinion that the victim was intoxicated. They sat on the sofa. He hugged and kissed her; she rubbed between his legs. The victim said that she found defendant attractive, but she cheated on her husband once before and did not want to do it again. Defendant left the victim and returned to Port's Place. He denied undressing the victim or committing the acts charged.
In rebuttal, L.F. denied being intoxicated and telling defendant that the victim was looking for him. Also, the victim denied: telling L.F. or anyone else that she was looking for defendant, allowing defendant into L.F.'s apartment, and voluntarily touching defendant in any way.
At the close of the evidence, the trial court convicted defendant of counts I and V (criminal sexual assault), count III (criminal sexual abuse: fondling victim's vagina), and count IV (residential burglary). The trial court acquitted defendant of count II (criminal sexual abuse: fondling victim's breasts). The court found that the evidence of this charged conduct was adduced in the form of a dream the victim thought she was having. Further, upon denial of defendant's post-trial motion, the court vacated the judgment on count III, finding that it was a lesser included offense of count V.
At the sentencing hearing, defendant testified in mitigation. He apologized to the victim for kissing and generally disrespecting her. However, defendant denied committing the acts charged. During his closing argument, defense counsel stated that under defendant's version of events, when defendant "was asked to leave he immediately did so." At the close of the sentencing hearing, the trial court sentenced defendant to ...