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People v. Gillespie

Court of Appeals of Illinois, Fourth District

December 22, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DARREN GILLESPIE, Defendant-Appellant

As Corrected December 30, 2014.

Appeal from Circuit Court of Champaign County. No. 11CF1813. Honorable Heidi N. Ladd, Judge Presiding.

SYLLABUS

Where defendant was initially charged with robbery and aggravated criminal sexual assault arising from an incident in which he robbed and assaulted a woman and he was sentenced to consecutive terms for robbery and aggravated criminal sexual assault, but the robbery conviction was based on the same robbery used as the predicate offense for the conviction for aggravated criminal sexual assault, the appellate court held that defendant's robbery conviction violated the one-act, one-crime rule and the robbery conviction was vacated and the cause was remanded for an amended sentencing judgment; furthermore, the appellate court rejected defendant's contentions that the automatic-transfer statute that required him to be tried as an adult violated the due process clause, the eighth amendment, and the proportionate penalties clause of the Illinois Constitution.

Michael J. Pelletier, Jacqueline L. Bullard, and Martin J. Ryan (argued), all of State Appellate Defender's Office, of Springfield, for appellant.

Julia Rietz, State's Attorney, of Urbana (Patrick Delfino, David J. Robinson, and Aimee Sipes Johnson (argued), all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE TURNER delivered the judgment of the court, with opinion. Presiding Justice Pope and Justice Knecht concurred in the judgment and opinion.

OPINION

Page 642

TURNER, JUSTICE.

[¶1] In November 2011, the State charged defendant, Darren Gillespie, by information with one count of robbery (720 ILCS 5/18-1(a) (West 2010)) and two counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(3), (a)(4) (West 2010) (text of section effective until July 1, 2011)). After a November 2012 trial, a jury found defendant guilty of both offenses. That same month, defendant filed a posttrial motion. In December 2012, the court denied defendant's posttrial motion and sentenced him to consecutive prison terms of 5 years for robbery and 22 years for aggravated criminal sexual assault.

[¶2] Defendant appeals, arguing (1) his robbery conviction must be vacated as a lesser-included offense of aggravated criminal sexual assault and (2) the automatic-transfer statute (705 ILCS 405/5-130 (West 2010) (text of section effective until July 1, 2011)) that required him to be tried as an adult in this case violates the eighth amendment of the United States Constitution (U.S. Const., amend. VIII), the proportionate-penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I, § 11), and due process (U.S. Const., amend. V; Ill. Const. 1970, art. I, § 2). We affirm in part, vacate in part, and remand the cause with directions..

[¶3] I. BACKGROUND

[¶4] The State's original information charged defendant with robbery, in that he " knowingly took property, namely $74.00 and a pink cell phone, from the person of [R.C.] by threatening the imminent use of force." The aggravated-criminal-sexual-assault charge under section 12-14(a)(3) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/12-14(a)(3) (West 2010) (text of section effective until July 1, 2011)) alleged defendant by the threat of force inserted his penis into R.C.'s vagina and in so doing threatened R.C.'s life by saying " 'be quiet or I'll kill you.'" The aggravated-criminal-sexual-assault charge under section 12-14(a)(4) of the Criminal Code (720 ILCS 5/12-14(a)(4) (West 2010) (text of section effective until July 1, 2011)) asserted that, during the commission of a felony, namely kidnapping, defendant committed a criminal sexual assault against R.C., in that by the threat of force defendant inserted his penis into her vagina. All three charges were alleged to have occurred on January 11, 2011. Defendant was born in July 1994 and thus was 16 years old at the time of the offenses.

[¶5] At the beginning of the November 2012 trial, the State moved to dismiss the aggravated-criminal-sexual-assault charge under section 12-14(a)(3) and amend the other two charges. The trial court granted the State's motion. The robbery charged then alleged " defendant knowingly took property, namely United States Currency and a cell phone, from the person of [R.C.] by threatening the imminent use of force." The aggravated-criminal-sexual-assault charge under section 12-14(a)(4) of the Criminal Code (720 ILCS 5/12-14(a)(4) (West 2010) (text of section effective until July 1, 2011)) then asserted " defendant, during the commission of a felony, namely robbery, committed a criminal

Page 643

sexual assault *** against [R.C.], in that by the threat of force the defendant inserted his penis into her vagina."

[¶6] During defendant's trial, R.C. testified that, over her lunch break at work, she went to an apartment to buy a prescription pill and was robbed of her cellular telephone and money by defendant and two other individuals. After R.C. emptied her pockets, defendant asked the two other individuals to leave and ordered R.C. upstairs. Once upstairs, defendant directed R.C. to the bathroom and demanded that she pull down her pants. At one point, he told her to be quiet or he would kill her. Defendant bent R.C. over a box and penetrated her vagina with his penis. Defendant withdrew and ejaculated on R.C.'s buttocks. Defendant left, and R.C. ran out of the apartment. After telling her employer she would not return to work, she went to the hospital, where a rape kit was completed. The Illinois State Police forensic laboratory report found defendant's deoxyribonucleic acid (DNA) matched the DNA on swabs from R.C.'s rectum. Defendant testified and admitted robbing R.C. However, he denied he sexually assaulted her and testified he and R.C. had consensual sex the night before at a party. R.C. denied being at a party the night before the attack.

[¶7] At the conclusion of the trial, the jury found defendant guilty of both robbery and aggravated criminal sexual assault. On November 20, 2012, defendant filed a posttrial motion, raising numerous issues, none of which he raises on appeal. At a joint December 17, 2012, hearing, the trial court denied defendant's posttrial motion and sentenced him to consecutive prison terms of 5 years for robbery and 22 years for aggravated criminal sexual assault. On December 19, 2012, defendant filed a timely notice of appeal in compliance with Illinois Supreme Court Rule ...


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