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People v. Bramlett

April 16, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
CHARLES E. BRAMLETT, DEFENDANT-APPELLANT.



Appeal from Circuit Court of Sangamon County No. 99CF1053 Honorable Leo J. Zappa, Jr., Judge Presiding.

The opinion of the court was delivered by: Justice Turner

Released for publication April 18, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
CHARLES E. BRAMLETT, DEFENDANT-APPELLANT.

Appeal from Circuit Court of Sangamon County No. 99CF1053 Honorable Leo J. Zappa, Jr., Judge Presiding.

The opinion of the court was delivered by: Justice Turner

PUBLISHED

 In October 1999, the State charged defendant, Charles E. Bramlett, with the offense of aggravated criminal sexual abuse, a Class 2 felony, in violation of section 12-16(c)(1)(i) of the Criminal Code of 1961 (Code) (720 ILCS 5/12-16(c)(1)(i) (West 1998)). In July 2000, the State filed an amended petition to proceed under the Sexually Dangerous Persons Act (Act) (725 ILCS 205/0.01 through 12 (West 1998)). In August 2000, defendant stipulated to two psychiatric evaluation reports and admitted the State had sufficient evidence to prove he was a sexually dangerous person. The trial court found defendant to be sexually dangerous and ordered him committed to the Illinois Department of Corrections for care and treatment.

On appeal, defendant argues the trial court erred in allowing him to stipulate to evidence establishing him as a sexually dangerous person without first admonishing him pursuant to Supreme Court Rule 402 (177 Ill. 2d R. 402) to determine the voluntariness of his stipulation. We affirm.

I. BACKGROUND

In October 1999, the State charged defendant with one count of aggravated criminal sexual abuse in violation of section 12-16(c)(1)(i) of the Code, alleging defendant, 17 years of age or older, committed an act of sexual conduct with A.T.A., under the age of 13 when the act was committed, in that he knowingly fondled the genitals of A.T.A. for the purpose of the sexual arousal or gratification of defendant.

In January 2000, the State filed a petition to proceed under the Act (725 ILCS 205/0.01 through 12 (West 1998)). At a hearing on defendant's motion to dismiss the petition, the trial court granted the State leave to file the petition. The court also ordered defendant to be examined by two psychiatrists, Dr. Bohlen and Dr. Killian.

In June 2000, the State indicated to the trial court the two psychiatrists had found defendant not to be a sexually dangerous person. The State also indicated defendant was arrested on new matters, and the State sought a court-ordered re-examination of defendant by the two psychiatrists. The trial court granted the State's motion for reexamination, noting the new charges against defendant were similar to his pending criminal case.

In July 2000, the State filed an amended petition to proceed under the Act. The State alleged defendant was charged with one count of aggravated criminal sexual abuse based on an April 1999 incident. The petition alleged defendant resigned his position as custodian at an elementary school after being accused of lifting the dress and touching the legs of a 10-year-old girl in 1989. Further, in May 2000, defendant allegedly had incidents of sexual contact with a seven-year-old girl even after he was ordered by the court to have no contact with minor children. The State also alleged defendant was suffering from a mental disorder which had existed for more than one year prior to the filing of this petition, coupled with criminal propensities to the commission of sexual offenses, and has demonstrated propensities to acts of sexual assault or sexual molestation of children, making him a sexually dangerous person.

In August 2000, the trial court conducted a hearing on the State's petition to proceed under the Act, which ...


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