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People v. Anderson10/23/2001
UNPUBLISHED
In August 2000, a jury convicted defendant, Andrew L. Anderson, of three counts of aggravated criminal sexual assault. 720 ILCS 5/12-14(a)(2) (West 2000). In October 2000, the trial court sentenced defendant to three consecutive 15-year prison terms. In November 2000, defendant filed a motion to reconsider which the trial court denied after hearing. Defendant appeals, arguing that (1) the trial court erred in granting the State's motion in limine; (2) the evidence failed to show defendant guilty beyond a reasonable doubt of three separate acts of aggravated criminal sexual assault; (3) reversible error occurred when Officer Hubbard testified that defendant came to mind after he was given a description of the suspect; (4) the trial court erred in failing to give Illinois Pattern Jury Instruction, Criminal, No. 2.02 (4th ed. 2000) (hereinafter IPI Criminal 4th) prior to the jury commencing deliberations; (5) the trial court abused its discretion in sentencing defendant; and (6)(a) section 5-8-4(a) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-4(a) (West 2000)) violates the proportionate penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I, §11), and (b) the issue that triggered the mandatory consecutive sentences pursuant to section 5-8- 4(a) of the Unified Code should have been submitted to the trier of fact and proved beyond a reasonable doubt. We affirm.
I. BACKGROUND
In April 2000, the State charged defendant, by information, with home invasion (count 1) (720 ILCS 5/12-11 (West 2000) (effective until June 1, 2001)) and three counts of aggravated criminal sexual assault(counts II through IV)(720 ILCS 5/12-14(a)(2) (West 2000)). In relevant part, the State alleged that defendant by the use of force (1) placed his penis against the victim's (a) vagina (count II), (b) anus (count III), and (3) placed his fingers in the victim's vagina (count IV). In June 2000, defendant indicated that he would use the defense of voluntary intoxication and that he might call Dr. Georgia Cuddeback as an expert witness. Cuddeback stated in a letter that it was her opinion that defendant was unable to form the specific intent to perform the alleged offense because of the beer and cocaine defendant consumed on the night of the incident.
In August 2000, the State moved to dismiss the home invasion count (count I) and filed a motion in limine seeking to prohibit the defense from introducing any evidence concerning the defense of voluntary intoxication. The State argued that aggravated criminal sexual assault was a general intent crime, and the affirmative defense of voluntary intoxication was not available for general intent crimes. After hearing argument, the trial court granted the State's motion. The trial court then conducted a two-day jury trial.
L.J., the victim, testified that she was married to a pastor with the First General Baptist Church and lived at 1505 West Decatur. On the night of the incident, she was home alone and went to bed at approximately 11:30 p.m. She fell asleep and was semi-awakened by two flashes of a lighter in the doorway of her bedroom. She did not fully wake up because she assumed it was her husband returning home from work.
A man came over to the bed and lay down on the other side. The man rolled over next to her and began rubbing her body all over--rubbing up and down her legs and under her shirt. At that point, she realized it was not her husband. She told the man that he had the wrong house and told him to get out of the house. The defendant then got on top of her. She was able to see the man and identified defendant as this man.
While defendant was on top of her,
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