302 N.E.2d 146 (Ill.App. 1 Dist. 1973), 58485, People v. Scott

Docket Nº:58485.
Citation:302 N.E.2d 146, 14 Ill.App.3d 211
Party Name:PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Albert SCOTT, Defendant-Appellant.
Case Date:August 03, 1973
Court:Court of Appeals of Illinois

Page 146

302 N.E.2d 146 (Ill.App. 1 Dist. 1973)

14 Ill.App.3d 211

PEOPLE of the State of Illinois, Plaintiff-Appellee,

v.

Albert SCOTT, Defendant-Appellant.

No. 58485.

Court of Appeals of Illinois, First District, Fifth Division.

August 3, 1973.

Page 147

Philip M. Basvic, Chicago, for defendant-appellant.

Bernard Carey, State's Atty. (Kenneth L. Gillis, John M. Cutrone, Asst. State's Attys., and Ricky Petrone, Law Student, of counsel), Chicago, for plaintiff-appellee.

[14 Ill.App.3d 212] SULLIVAN, Justice.

After a bench trial defendant was found guilty of rape, indecent liberties with a child, and attempt deviate sexual conduct and sentenced to concurrent terms of 6 to 18 years on the charge of rape and 6 to 14 years on each of the charges of indecent liberties with a child and attempt deviate sexual conduct.

On appeal defendant contends:

  1. the three concurrent sentences for offenses arising from the same conduct were improper,

  2. the prosecutor's conduct prevented defendant from receiving a fair and impartial trial, and

  3. the trial court abused its discretion in allowing the prosecution to recall a material witness after the witness had been extensively examined on direct and cross-examination.

Defendant had been visiting the older sister of the complaining witness, Claudia Gilliam, aged ten, and when he left about 10:00 P.M. he told Claudia that he would take her for some ribs. He returned at approximately 12:15 A.M. and Claudia went with him to a rib place about one block from her house and, after she had bought the ribs with money given to her by the defendant, he suggested they go to his apartment for some pop. There he refused to allow her to watch television and told her to come into the bedroom which she did and it was her testimony that, while she was sitting on a bed, defendant pulled down her panties and put his hand into her privates. Then he pulled down his pants and put his penis into her privates. Because she was yelling, he beat her about the face, bit her jaw, held his hand over her mouth and said he would kill her. After withdrawing his penis, he rolled over and laid on his back and then told her to

Page 148

commit an act of oral copulation. When she refused, he pulled her head down with both of his hands to his penis. Shaking and scared she refused again to comply and he then put his clothes on and drove her home. When she arrived home she told her sisters, one of whom called the police.

On cross-examination, Claudia testified that she didn't know the address of the building where she was raped, but that she could describe it and take someone to it.

Before resting its case in chief, the State made a motion that Claudia Gilliam be recalled, informing the court that during a lunch recess, Claudia, accompanied by the two prosecuting attorneys and other members of the State's Attorney's Office, was taken on a tour of the general area where the offenses occurred and was able to identify the two buildings to which she was taken by defendant. The court allowed this motion[14 Ill.App.3d 213] limiting Claudia's testimony to the identification by the introduction of photographs of the buildings.

Since defendant does not challenge the sufficiency of the evidence presented to prove his guilt, we find it unnecessary to set out any further evidence.

OPINION

Defendant first questions whether the three concurrent sentences for crimes arising from the same conduct were proper. The State has conceded and we agree that the conviction and sentence for the offense of indecent liberties with a child 1 be reversed because it resulted from the same conduct, has the same elements, and involved the same victim as the rape offense and therefore defendant may not be sentenced on both, either concurrently or consecutively. (Ill.Rev.Stat.1971, ch. 38, par. 1--7(m).) See also People v. Miller, 7 Ill.App.3d 878, 289...

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11 practice notes
  • 354 N.E.2d 602 (Ill.App. 1 Dist. 1976), 61669, People v. Brown
    • United States
    • Illinois Court of Appeals of Illinois
    • 23 Agosto 1976
    ...lasting for an extended period of time. Separate convictions under similar circumstances have been upheld in People v. Scott (1973), 14 Ill.App.3d 211, 302 N.E.2d 146 (and cases cited therein), Aff'd 57 Ill.2d 353, 312 N.E.2d 596 (1972), and in People v. Page 611 Moore (1972), 51 Ill.2d 79,......
  • 326 N.E.2d 507 (Ill.App. 2 Dist. 1975), 73--342, People v. Bell
    • United States
    • Illinois Court of Appeals of Illinois
    • 11 Abril 1975
    ...reduction of sentence which was ordered taken with the case and which we deny. The argument advanced was based on People v. Scott, 14 Ill.App.3d 211, 302 N.E.2d 146 which case was reversed by the Supreme Court in People v. Scott, 57 Ill.2d 353, 312 N.E.2d 596, 599. The offense of attempted ......
  • 313 N.E.2d 646 (Ill.App. 2 Dist. 1974), 72--242, People v. Bissonnette
    • United States
    • Illinois Court of Appeals of Illinois
    • 10 Julio 1974
    ...upon the provisions of Ill.Rev.Stat.1973, Chapter 38, Paragraph 8--4(c)(4), effective July, 1973, as construed by People v. Scott, 14 Ill.App.3d 211, 302 N.E.2d 146; Ill., 312 N.E.2d 596. Defendant also claims the benefit of the United Code of Corrections, effective January 1, 1973, which p......
  • 444 N.E.2d 1158 (Ill.App. 3 Dist. 1983), 82-154, People v. Osborn
    • United States
    • Illinois Court of Appeals of Illinois
    • 19 Enero 1983
    ...the state to recall this witness for the limited purpose of pinpointing the damage caused by the defendant. (People v. Scott (1973), 14 Ill.App.3d 211, 302 N.E.2d 146.) The testimony of Mr. Rice and the Eppersons, along with pictures of the truck which were placed in evidence, were sufficie......
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11 cases
  • 354 N.E.2d 602 (Ill.App. 1 Dist. 1976), 61669, People v. Brown
    • United States
    • Illinois Court of Appeals of Illinois
    • 23 Agosto 1976
    ...lasting for an extended period of time. Separate convictions under similar circumstances have been upheld in People v. Scott (1973), 14 Ill.App.3d 211, 302 N.E.2d 146 (and cases cited therein), Aff'd 57 Ill.2d 353, 312 N.E.2d 596 (1972), and in People v. Page 611 Moore (1972), 51 Ill.2d 79,......
  • 326 N.E.2d 507 (Ill.App. 2 Dist. 1975), 73--342, People v. Bell
    • United States
    • Illinois Court of Appeals of Illinois
    • 11 Abril 1975
    ...reduction of sentence which was ordered taken with the case and which we deny. The argument advanced was based on People v. Scott, 14 Ill.App.3d 211, 302 N.E.2d 146 which case was reversed by the Supreme Court in People v. Scott, 57 Ill.2d 353, 312 N.E.2d 596, 599. The offense of attempted ......
  • 313 N.E.2d 646 (Ill.App. 2 Dist. 1974), 72--242, People v. Bissonnette
    • United States
    • Illinois Court of Appeals of Illinois
    • 10 Julio 1974
    ...upon the provisions of Ill.Rev.Stat.1973, Chapter 38, Paragraph 8--4(c)(4), effective July, 1973, as construed by People v. Scott, 14 Ill.App.3d 211, 302 N.E.2d 146; Ill., 312 N.E.2d 596. Defendant also claims the benefit of the United Code of Corrections, effective January 1, 1973, which p......
  • 444 N.E.2d 1158 (Ill.App. 3 Dist. 1983), 82-154, People v. Osborn
    • United States
    • Illinois Court of Appeals of Illinois
    • 19 Enero 1983
    ...the state to recall this witness for the limited purpose of pinpointing the damage caused by the defendant. (People v. Scott (1973), 14 Ill.App.3d 211, 302 N.E.2d 146.) The testimony of Mr. Rice and the Eppersons, along with pictures of the truck which were placed in evidence, were sufficie......
  • Free signup to view additional results