People v. C.B. (In re C.B.), Docket No. 107750

CourtSupreme Court of Illinois
Writing for the CourtTHOMAS
Citation2011 IL 107750
PartiesIn re JONATHON C.B., a Minor The People of the State of Illinois, Appellee, v. Jonathon C.B., Appellant.
Decision Date30 June 2011
Docket NumberDocket No. 107750

2011 IL 107750

In re JONATHON C.B., a Minor
The People of the State of Illinois, Appellee,
v.
Jonathon C.B., Appellant.

Docket No. 107750

ILLINOIS OFFICIAL REPORTS Supreme Court

Filed June 30, 2011
Rehearing denied November 28, 2011


Held (Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Where shackles were ordered removed when a juvenile was called to testify, but the record did not indicate that the judge was previously aware of them, there was no error in failure to hold a Boose hearing, and an adjudication for criminal sexual assault was upheld; and a claim that the Juvenile Court Act's denial of jury to minors violates the Illinois Constitution's guarantee of jury trial in criminal prosecutions was rejected.

Decision Under Review Appeal from the Appellate Court for the Fourth District; heard in that court on appeal from the Circuit Court of Champaign County, the Hon. Heidi N. Ladd, Judge, presiding.

Judgment Appellate court judgment affirmed.

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Counsel on Appeal Michael J. Pelletier, State Appellate Defender, Gary R. Peterson and Karen Munoz, Deputy Defenders, and Catherine K. Hart, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Springfield, for appellant.

Lisa Madigan, Attorney General, of Springfield (Michael A. Scodro, Solicitor General, and Michael M. Glick and Gopi Kashyap, Assistant Attorneys General, of Chicago, of counsel), for the People.

Justices JUSTICE THOMAS delivered the judgment of the court, with opinion, and wrote in support of denial of rehearing, joined by Justice Karmeier. Justices Garman, Karmeier, and Theis concurred in the judgment and opinion.

Chief Justice Kilbride dissented, with opinion, and dissented upon denial of rehearing, with opinion.

Justice Freeman dissented, with opinion, and dissented upon denial of rehearing, with opinion.

Justice Burke dissented, with opinion, and dissented upon denial of rehearing, with opinion.

Justice Theis wrote in support of denial of rehearing.

OPINION

¶ 1 Jonathon C.B. (Jonathon) was adjudicated a delinquent minor following the circuit court of Champaign County's finding that Jonathon was guilty of criminal sexual assault (720 ILCS 5/12-13(a)(1) (West 2006)) and attempted robbery (720 ILCS 5/8-4(a), 18-1 (West 2006)). The trial court ordered Jonathon committed to the Illinois Department of Juvenile Justice for an indeterminate term, to automatically terminate in 15 years or upon Jonathon attaining 21 years of age. On appeal, the appellate court affirmed the adjudication, with one justice dissenting. 386 Ill. App. 3d 735.

¶ 2 This court granted Jonathon's petition for leave to appeal. Ill. S. Ct. R. 315 (eff. Feb. 26, 2010). We now affirm the judgment of the appellate court.

¶ 3 BACKGROUND

¶ 4 On August 24, 2006, the State filed a supplemental petition for adjudication of wardship, alleging that Jonathon, who was 16 years old at the time, was a delinquent minor, and charging him with criminal sexual assault (720 ILCS 5/12-13(a)(1) (West 2006)) and attempted robbery (720 ILCS 5/8-4(a), 18-1 (West 2006)). The State alleged that Jonathon

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and another minor, G.W., sexually assaulted and attempted to rob C.H. Jonathon asserted that he and G.W. had paid C.H. for sex, then attempted to get their money back. Because Jonathon challenges the sufficiency of the evidence against him, we will review the facts of the case in detail.

¶ 5 At Jonathon's bench trial, C.H. testified that on July 10, 2006, she left her home on Comanche in Champaign, Illinois, around 11 or 11:30 p.m. to go to her friend Donnie Stewart's home to make a phone call. As she was walking, she was approached by two boys, a tall boy and a short boy. C.H. later identified Jonathon as the tall boy. The short boy said to her, "I have three for one." C.H. responded, "You should be at home in bed." Jonathon told C.H., "That is my brother. You don't talk to him like that." C.H. said, "Well, he approached me," then continued walking to Stewart's house. C.H. stayed at Stewart's house for around 10 minutes, but did not recall what time she left. C.H. took a different route home, along Campbell Street, because the boys that had approached her on her way to Stewart's house made her uncomfortable.

¶ 6 As C.H. was walking home, she heard footsteps behind her. She turned around and saw two boys behind her. One was Jonathon, and the other was a little shorter, but was not the same short boy from earlier. C.H. continued walking, and one of the boys said, "Hey, you." Jonathon went over to the garage of a duplex on Campbell, and asked C.H. if she wanted to have a drink. He also asked C.H. if she wanted to come near the garage. Jonathon went to the garage door and punched a button, raising the garage door. C.H. said, "I'm not going in there." Jonathon lowered the garage door and said that they could talk and drink at the back of the house. The shorter boy, later identified as G.W., then grabbed C.H.'s arm and pulled her behind the house.

¶ 7 G.W. put his hands on C.H.'s shoulders and pulled her to her knees. G.W. was facing C.H. G.W. unzipped his pants and "crammed" his penis in her mouth, telling her she better not bite it. Jonathon was behind her. C.H. felt Jonathon put his penis in her vagina. C.H. testified that she fought as much as she could, said "no," and tried to pull away. During the assault, C.H.'s blouse was torn. C.H. testified that there were people across the street, but no one helped.

¶ 8 C.H. testified that she was carrying a knife at the time of the assault, and that she had carried a knife ever since she was raped, beaten, and left for dead nine years earlier. C.H. said that the knife was in her hand. C.H. said that the knife was not open when G.W. grabbed her.

¶ 9 The assault was interrupted when a boy walking by said, "What are you all doing?" The boy scared G.W., who was holding C.H., so he let her loose. Jonathon also turned around, so C.H. knew it was her chance to get away. She ran south on Campbell. Her bra and shirt were torn, and she was trying to pull her pants up. C.H. screamed and asked people for help, but no one helped her. When she came to an intersection, C.H. saw her friend Keisha drive by in an orange- or gold-colored "truck like" car. C.H. ran up to the car and asked to be let in. Jonathon came up behind C.H. and told Keisha not to let C.H. in the car. Jonathon told Keisha that the police were down the street. Keisha did not let C.H. in the vehicle.

¶ 10 C.H. tried to run away again. When C.H. got to a tree in the back of her house, Jonathon hit her in the back of the head and knocked her down. C.H. then showed the knife she was

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carrying. Jonathon told C.H. to "drop the knife," and held C.H.'s arm down with his foot. The shorter boy then began "stomping" her in the head. At that point, C.H. saw a light and heard a man's voice say, "Let her go." The boys then ran off. C.H. testified that the man was a police officer. An ambulance was on the scene because someone had called 911. The officer wrapped something around C.H. to cover her up. C.H. was screaming and yelling for the officers to get her fiancé, and kept telling them, "Don't touch me."

¶ 11 A female paramedic came out of the ambulance and put C.H. in the ambulance. The paramedic wrapped C.H.'s arm because it was bleeding. C.H. also kept saying that her stomach was hurting. C.H. refused to go to the hospital at that point because she "didn't want to go through everything that they told me I had to go through." C.H. told the female paramedic that she had been sexually assaulted, but did not tell the police officers that night. C.H. returned to her apartment with her fiancé, who had arrived on the scene.

¶ 12 After C.H. had returned to her apartment, police officers came to the door and asked if C.H. could identify the boys who had attacked and tried to rob her. The officers drove C.H. and her fiancé to 2701 Campbell, the duplex where the boys had grabbed her and assaulted her. C.H. identified the boys for the police.

¶ 13 At 8 a.m. the next day, detectives came to C.H.'s home. C.H. gave the detectives a bag containing the clothes she had been wearing during the attack. C.H. testified that she had prepared the bag based on her prior experience. The detectives insisted that C.H. go to the hospital to be examined, so they drove C.H. and her fiancé there.

¶ 14 Sarah Ramey testified that on July 11, 2006, she was employed by Arrow Carle Ambulance in Champaign. In the early morning hours, around 1:10 a.m., she was dispatched to the area of Campbell and Aztec. The fire department was already on the scene. C.H. was sitting on the side of the road, and the fire department had oxygen on her. Ramey said that C.H. was obviously hysterical. C.H. was screaming, "Don't touch me." C.H. did not want anyone around her. Ramey testified that C.H. was definitely more intimidated by the men on the scene.

¶ 15 At first, C.H. was saying that she just wanted to go home. Ramey asked C.H. to at least step into the ambulance with her so that Ramey could check her out. As Ramey and C.H. were walking to the ambulance, C.H. turned to Ramey and whispered, "I was raped." It was still hard to calm C.H. down in the ambulance. Ramey pleaded with C.H. to go to the...

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