from the Circuit Court of Du Page County. No. 13-CF-1600
Honorable Kathryn E. Creswell, Judge, Presiding.
JUSTICE BURKE delivered the judgment of the court, with
opinion. Justice Spence concurred in the judgment and
opinion. Justice Hutchinson concurred in part and dissented
in part, with opinion.
1 Following a bench trial in the Du Page County circuit
court, defendant, Calvin Johnson, was convicted of criminal
sexual assault (720 ILCS 5/11-1.20(a)(1) (West 2012)),
aggravated domestic battery (720 ILCS 5/12-3.3(a-5) (West
2012)), aggravated battery (720 ILCS 5/12-3.05(c) (West
2012)), and two counts of unlawful restraint (720 ILCS
5/10-3(a) (West 2012)). He was sentenced to six years'
imprisonment for criminal sexual assault and four concurrent
terms of 30 months' probation, including 160 days in
jail, for the other offenses. He appeals, contending that (1)
he was not proved guilty beyond a reasonable doubt; and (2)
the trial court committed plain error by requiring him to
submit to a sex-offender evaluation when he was subject to a
mandatory prison sentence. We affirm.
2 Defendant had been married to C.J. for 19 years and they
had three children together. However, the couple had
experienced "rough patches" and had separated
twice. In late February 2013, C.J. moved out of the
3 Defendant and C.J. communicated periodically throughout
February and March 2013. They spoke over the phone and in
person. Defendant wanted to reconcile, but C.J. did not. They
often engaged in heated arguments. Defendant left angry and
threatening messages on C.J.'s voicemail. By the end of
March, both parties had changed their phone numbers.
4 However, defendant also sent roses to C.J. at her workplace
and wrote her letters. Defendant sometimes met C.J. in the
parking lot after she finished work. C.J. testified that
encountering defendant at her workplace made her nervous, to
the point that she began walking out of the building with a
coworker, Latrina Martin. Martin would wait to see if
defendant's car was in the parking lot before going home.
5 Sometime in late March, defendant went to C.J.'s
workplace on a night when she was working the late shift. He
approached her in the parking lot and asked to talk in the
car. She initially refused, but changed her mind because she
was nervous and did not want to be embarrassed. Martin
assured C.J. that she would not leave until she was sure that
C.J. was okay.
6 C.J. testified that defendant told her that she would be
served with child-support papers. She said that she did not
care and was filing for divorce, which made him mad. When
defendant saw C.J.'s coworkers, he said, "You got
your fucking cheerleaders with you. *** [W]hat the fuck are
they looking at, *** you my wife. *** I'll take you out
and make a scene."
7 Defendant stepped out of the car and told Martin,
"[T]his is my fucking wife. *** I never hit my
wife." Martin testified that he said that he could do
what he wanted. When C.J. got back in the car, she was crying
because she was so embarrassed. Defendant said, "[C]an
nobody [sic] stop me from getting to you. [Y]ou are
my wife. No police, no coworkers." He got out of the car
and said that he would never go to her workplace again.
8 C.J. filed reports with the Hillside and Oak Brook police
departments. She sought an order of protection the following
Monday, but her request was denied.
9 On April 11, 2013, C.J. was getting into her car to drive
home from work. Martin was not working that night. C.J. heard
a knock on the passenger-side window. It was defendant.
According to C.J., defendant got into the car and said,
"[B]itch, I'm trying to talk to your ass for four
months." He held a black bag and pulled from it a white
sock with a knife inside. Defendant said, "[S]hut the
fuck up, bitch. I will kill your ass right now."
Defendant then pulled from the bag a white bag with a gun in
it. He did not pull the gun all the way out of the bag, but
C.J. could see the silver handle.
10 Defendant returned the gun to the bag and held the knife,
which he had pulled out of the sock. He told C.J. that he
would kill her if she made a scene. He directed C.J. to drive
to a motel. She did not want to go, and initially drove past
it, but defendant forced her to turn around, saying that he
would stab her if she made a scene. She turned around and
pulled into the entrance of a Motel 6.
11 C.J. resisted going into the motel. As a black truck
pulled up, she raised her voice, hoping to attract attention.
Defendant said that she was making a scene and that he was
going to stab her. He said that he had another gun in his
pants and would kill her if she tried to run. They
"tussled" over her purse.
12 They eventually entered the motel. C.J. waited in the
lobby while defendant talked to the desk clerk. At one point,
C.J. tried to walk out. Defendant grabbed her arm and told
her to get back inside or he would kill her.
13 Earnest King, the desk clerk, testified that as defendant
checked in King heard someone crying from the east side of
the building. He saw a woman enter from that side, but he did
not hear her crying anymore. During the transaction,
defendant stepped away and walked to where the woman was
going back outside. King did not know what was said. When
defendant returned to the desk, King asked if everything was
alright and defendant said that everything was fine.
14 Defendant and C.J. drove to the west side of the building
and went into a room. C.J. initially sat on the bed with her
coat on while defendant paced around the room. Defendant said
that he just wanted to talk to her. He seemed less angry than
before. He asked her why she would not come home. When she
said that she was not going home, his mood changed. He called
her a bitch.
15 Defendant said that he wanted "closure." He
pulled her up off the bed and took off her coat. He grabbed
her arms and took off her shirt, while she kept saying
"no." Defendant took off his pants and removed
C.J.'s clothes except for her underwear. He laid her down
on the bed, saying that he missed his wife. He began kissing
her. She kept saying "no" and crying. She tried to
push him off her but he was too strong.
16 Defendant put her arms toward the top of the bed and had
intercourse with her. C.J. "just laid there" and
could not push him away. She was limp, just wanting it to
stop. Afterward, defendant got dressed and told C.J. to wash
up in the bathroom.
17 Defendant's demeanor changed again. He told her that
if she ever needed anything she should call him. They left
the motel and drove back to the parking lot of C.J.'s
workplace. When they arrived, C.J. retrieved her purse from
the trunk. Defendant returned to his car and they drove away
in opposite directions.
18 C.J. noticed that she had missed several calls from her
sister, Monique, and C.J.'s daughter Sierra. C.J. would
typically call Monique when she finished her late shift.
Monique testified that she became worried when she did not
hear from C.J. after her shift on April 11.
19 When C.J. arrived at Monique's home, Monique could
tell that she was upset and had been crying. C.J.'s hair
was messed up. C.J. did not tell Monique what happened.
According to Monique, C.J. still looked upset the following
morning, but she did not tell Monique anything before she
left for work. On her way, C.J. started crying and pulled
over. She called Monique and told her what happened.
20 C.J. then drove to Sierra's house. Sierra testified
that C.J. was crying and was "kind of stiff." C.J.
then told Sierra and her husband what had happened.
Sierra's husband went outside and flagged down a police
officer. C.J. was taken by ambulance to Elmhurst Hospital.
21 Oak Brook police detective Jason Wood met C.J. at the
hospital. He testified that she was in a "very emotional
state, " crying, shaking, and "extremely
upset." C.J.'s daughter Quinterra'- also saw
her at the hospital. She said that her mother's eyes
looked glassy and that she was shaking.
22 Nurse Denise Trimble conducted a sexual-assault exam. The
exam showed a right shoulder injury, a bruise on her right
hand, and a slight tear in the perineum area of her vagina.
Trimble opined that the ...