Modified upon denial of rehearing January 16, 2014.
On appeal from defendant's convictions on 10 counts of predatory criminal sexual assault of a child, the convictions on the first three counts were affirmed, but the convictions on the next two counts were reduced to aggravated criminal sexual abuse and the remaining counts were reversed and the sentences were vacated due to deficiencies in the evidence corroborating defendant's confession, and the cause was remanded for resentencing on the two counts that were reduced to lesser offenses.
Appeal from the Circuit Court of Henry County, No. 09-CF-124; the Review Hon. Ted J. Hamer, Judge, presiding.
Verlin R. Meinz, of State Appellate Defender's Office, of Ottawa, for appellant.
Terence M. Patton, State's Attorney, of Cambridge (Judith Z. Kelly, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
Carter and O'Brien, Justices concurred in the judgment and opinion.
MCDADE, PANEL JUSTICE.
¶ 1 Following the filing of our opinion in this cause, the supreme court issued a supervisory order directing this court to vacate its judgment and reconsider the case in light of its decision in People v. Lara, 2012 IL 112370. See People v. Hurry, No. 114348 (Ill. Mar. 27, 2013 (supervisory order). The following is a new opinion issued in compliance with the court's instructions.
¶ 2 Defendant, Scott D. Hurry, was charged with 10 counts of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 2006)). Following a bench trial, the circuit court of Henry County found defendant guilty of all charges. He was sentenced to consecutive terms of imprisonment totaling 108 years. Defendant appeals his convictions, arguing that the State failed to prove the corpus delicti of 8 of the 10 charges. We affirm defendant's convictions on counts I, II, and III; reduce his convictions on counts IV and V from predatory criminal sexual assault to aggravated criminal sexual abuse (720 ILCS 5/12-16 (West 2006)); reverse his convictions on counts VI through X; and remand the case for resentencing on counts IV and V.
¶ 3 FACTS
¶ 4 On April 7, 2009, defendant was charged with 10 counts of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 2006)). Count I alleged that defendant placed his finger in the vagina of R.J.S., count II alleged that defendant placed his penis in the vagina of R.J.S., and counts III through X alleged that defendant placed his penis in the mouth of R.J.S. The cause proceeded to a bench trial.
¶ 5 At trial, R.J.S. testified that she was nine years old. She stated that defendant touched her vagina on more than one occasion. One such incident occurred when R.J.S. was home alone with defendant and her brother. Defendant and R.J.S. went into her mother's bedroom, where defendant threatened to kill her mother if she did not do what he asked. R.J.S. complied, and defendant's hand touched the outside of her vagina. Defendant also made R.J.S. touch his penis with her hands and her mouth. R.J.S. testified that something like that had happened before.
¶ 6 On another occasion defendant placed his penis in R.J.S.'s vagina. Another incident occurred in R.J.S.'s bedroom, where defendant made R.J.S. touch his penis with her hands. Again, defendant threatened R.J.S. by telling her that he would hurt her mother if she did not comply. R.J.S. stated that defendant made her touch his penis ...