People v. Patterson, 5-91-0881

CourtUnited States Appellate Court of Illinois
Writing for the CourtWILLIAM A. LEWIS
Citation615 N.E.2d 11,185 Ill.Dec. 716,245 Ill.App.3d 586
Parties, 185 Ill.Dec. 716 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph PATTERSON, Defendant-Appellant.
Docket NumberNo. 5-91-0881,5-91-0881
Decision Date02 June 1993

Page 11

615 N.E.2d 11
245 Ill.App.3d 586, 185 Ill.Dec. 716
The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Joseph PATTERSON, Defendant-Appellant.
No. 5-91-0881.
Appellate Court of Illinois,
Fifth District.
June 2, 1993.

Page 12

[245 Ill.App.3d 587] [185 Ill.Dec. 717] Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for defendant-appellant.

William Haine, State's Atty., Edwardsville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Scott A. Manuel, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice WILLIAM A. LEWIS delivered the opinion of the court:

Defendant, Joseph Patterson, was found guilty by a jury of four counts of aggravated criminal sexual assault and was sentenced to four consecutive terms of 20 years' imprisonment. Defendant appeals from his convictions, raising the single issue of whether the trial court erred in denying his motion to sever the two counts of the indictment referring to one victim from the other two counts of the indictment referring to the other victim. For reasons more fully explained below, we affirm the trial court's denial of defendant's motion to sever the charges.

Defendant was charged with two counts of aggravated criminal sexual assault against his son and two against his daughter. In summary, the evidence at trial established that, for at least three years, defendant had regularly and frequently sexually assaulted both children from the time each reached approximately age five, the offenses always occurred in the family home outside the presence of the mother, and defendant threatened both children with physical harm if they did not comply.

A defendant may be tried on more than one charge in the same trial if the offenses could have been joined in a single charge (Ill.Rev.Stat.1991, ch. 38, par. 114-7 (now see 725 ILCS 5/114-7 (West 1992))), and the charges may be joined if the offenses are based on two or more acts which

Page 13

[185 Ill.Dec. 718] are part of the same comprehensive transaction (Ill.Rev.Stat.1991, ch. 38, par. 111-4(a) (now see 725 ILCS 5/111-4(a) (West 1992))), unless it appears that the defendant will be prejudiced by the joinder of separate charges. (Ill.Rev.Stat.1991, ch. 38, par. 114-8 (now see 725 ILCS 5/114-8 (West 1992)).) If the trial judge determines, in his sound discretion, that the joinder will prejudice the defendant, he can order separate trials or provide any other relief justice requires. (Ill.Rev.Stat.1991, ch. 38, par. 114-8 (now see 725 ILCS 5/114-8 (West 1992)); People v. White (1984), 129 Ill.App.3d[245 Ill.App.3d 588] 308, 84 Ill.Dec. 593, 472 N.E.2d 553.) The trial court is entitled to substantial discretion when deciding whether to sever charges, and that discretion is to be exercised so as to prevent injustice. People v. White (1984), 129 Ill.App.3d 308, 84 Ill.Dec. 593, 472 N.E.2d 553.

When a trial judge grants or denies a motion to sever, that decision is not to be overturned absent an abuse of discretion. (People v. McLemore (1990), 203 Ill.App.3d 1052, 149 Ill.Dec. 187, 561 N.E.2d 465.) When considering a motion to sever charges, the court should look to several factors to determine if the acts charged are part of the "same comprehensive transaction." (Ill.Rev.Stat.1991, ch. 38, par. 111-4(a) (now see 725 ILCS 5/111-4(a) (West 1992)).) The factors to be considered are: proximity in time and location, the identity of evidence needed to demonstrate a link between the offenses and to establish the elements of the offenses, and whether there exists a common method of perpetrating the offenses. (People v. Duncan (1987), 115 Ill.2d 429, 106 Ill.Dec. 1, 505 N.E.2d 307, vacated on other grounds mem. Illinois v. Duncan (1987), 484 U.S. 806, 108 S.Ct. 53, 98 L.Ed.2d 18, decision on remand (1988), 124 Ill.2d 400, 125 Ill.Dec. 265, 530 N.E.2d 423.) The trial judge should also consider whether the defendant is in a similar position of authority in relation to each victim (People v. White (1984), 129 Ill App.3d 308, 84 Ill.Dec. 593, 472 N.E.2d 553), whether the victims are similar (People v. Trail (1990), 197 Ill.App.3d 742, 144 Ill.Dec. 171, 555 N.E.2d 68), and whether the severance will promote judicial efficiency. (People v. McLemore (1990), 203 Ill.App.3d 1052, 149 Ill.Dec. 187, 561 N.E.2d 465.) Because the decision is left to the trial judge's sound discretion and because there are so many factors for the court to consider, the decision to sever or not turns on the facts of each particular case. People v. White (1984), 129 Ill.App.3d 308, 84 Ill.Dec. 593, 472 N.E.2d 553.

Defendant first argues that the decision not to sever the charges herein was an abuse of the trial court's discretion because the acts against the son were not part of the same comprehensive transaction as the acts against the daughter. We note...

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22 cases
  • People v. Fleming, 1–11–3004.
    • United States
    • United States Appellate Court of Illinois
    • 25 Junio 2014
    ...transaction unless the defendant will be prejudiced by the joinder of separate charges. People v. 14 N.E.3d 517 Patterson, 245 Ill.App.3d 586, 587, 185 Ill.Dec. 716, 615 N.E.2d 11 (1993). The trial court has broad discretion to sever, and, as a reviewing court, we affirm unless that decisio......
  • People v. Walston, 2-05-1234.
    • United States
    • United States Appellate Court of Illinois
    • 12 Noviembre 2008
    ...that the defendant will be prejudiced by joinder of the separate charges (725 ILCS 5/114-8 (West 2004)). See People v. Patterson, 245 Ill.App.3d 586, 587, 185 Ill.Dec. 716, 615 N.E.2d 11 (1993) (describing statutory scheme). Before addressing defendant's arguments regarding joinder, we must......
  • People v. Utley
    • United States
    • United States Appellate Court of Illinois
    • 29 Agosto 2019
    ...so as to prevent injustice," and the decision to sever or not turns on the particular facts of each case. People v. Patterson , 245 Ill. App. 3d 586, 588, 185 Ill.Dec. 716, 615 N.E.2d 11 (1993).¶ 41 In People v. Edwards , 63 Ill. 2d 134, 136, 345 N.E.2d 496 (1976), our supreme court articul......
  • People v. Hayden, 4-16-0035
    • United States
    • United States Appellate Court of Illinois
    • 3 Diciembre 2018
    ...N.E.2d 305 ; Walston , 386 Ill. App. 3d at 602, 326 Ill.Dec. 631, 900 N.E.2d 267 ), and judicial efficiency ( People v. Patterson , 245 Ill. App. 3d 586, 589, 185 Ill.Dec. 716, 615 N.E.2d 11 (1993) ; see Walston , 386 Ill. App. 3d at 602, 326 Ill.Dec. 631, 900 N.E.2d 267 ). "That a defendan......
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