312 N.E.2d 596 (Ill. 1974), 46105, People v. Scott

Docket Nº:46105.
Citation:312 N.E.2d 596, 57 Ill.2d 353
Party Name:The PEOPLE of the State of Illinois, Appellant, v. Albert SCOTT, Appellee.
Case Date:May 29, 1974
Court:Supreme Court of Illinois

Page 596

312 N.E.2d 596 (Ill. 1974)

57 Ill.2d 353

The PEOPLE of the State of Illinois, Appellant,

v.

Albert SCOTT, Appellee.

No. 46105.

Supreme Court of Illinois.

May 29, 1974.

Page 597

[57 Ill.2d 354] William J. Scott, Atty. Gen., and Bernard Carey, State's Atty., Chicago (James B. Zagel, Asst. Atty. Gen., and Kenneth L. Gillis and John M. Cutrone, Asst. State's Attys., and Ricky L. Petrone, Law Student, of counsel), for the People.

Philip M. Basvic, Chicago, for appellee.

KLUCZYNSKI, Justice.

Following a bench trial in the circuit court of Cook County defendant was convicted of rape, indecent liberties with a child, and attempted deviate sexual assault. He was sentenced to concurrent terms of 6 to 18 years, 4 to 14 years and 4 to 14 years respectively. On appeal to the appellate court all convictions and the sentence for rape were affirmed. The appellate court, however, vacated the sentence for indecent liberties with a child and reduced the sentence for attempted deviate sexual assault to a term of 1 to 3 years. (People v. Scott, 14 Ill.App.3d 211, 302 N.E.2d 146.) We granted the State's petition for leave to appeal (53 Ill.2d Rules 604(a), 315(a), Ill.Rev.Stat.1973, ch. 110A, §§ 604(a), 315

Page 598

(a)) in which the sole issued raised was the propriety of the appellate court's reduction of sentence for attempted deviate sexual assault. Defendant's brief filed herein raises the same issues upon which the appellate court ruled adversely. These issues are properly cognizable in this appeal. (50 Ill.2d Rules 612(b), 318(a), Ill.Rev.Stat.1973, ch. 110A, §§ 612(b), 318(a); see also Schatz v. Abbott Laboratories, Inc., 51 Ill.2d 143, 145, 281 N.E.2d 323) No question relating to the sufficiency of the evidence is advanced.

[57 Ill.2d 355] The victim was a 10-year-old girl who lived with her two adult sisters on the west side of Chicago. She knew defendant prior to the incident in question. On November 7, 1970, about midnight, defendant returned to the victim's apartment after he had briefly visited there several hours before. He and the victim left to obtain food at a nearby carry-out restaurant, and after the victim had purchased the food he asked if she wanted some soft drinks. He drove her to a building and they went to an apartment located at the head of the stairs on the third floor. After luring the victim into the bedroom, he struck her, removed her undergarment and raped her. Thereafter he attempted to force her to commit an act of oral copulation, but she refused. Defendant drove her back to her apartment. The victim rang the bell, and her sister answered the door. The victim said 'Albert raped me.' This was corroborated by the other sister. The police were summoned and the victim taken to the hospital. Pursuant to a stipulation, medical reports were admitted into evidence indicating that the victim had been examined at 3:00 A.M. on November 7, 1970. One report noted that the victim had bruises and lacerations about the face and that her hymen had been freshly ruptured. A test for evidence of spermatozoa was negative.

At trial it...

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