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People v. Johnson

Court of Appeals of Illinois, Second District

June 23, 2017

CALVIN JOHNSON, Defendant-Appellant.

         Appeal 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 family's apartment.

         ¶ 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 ...

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