People v. Childs
407 Ill. App. 3d 1123
| Ill. App. Ct. | 2011Background
- In April 2008, a grand jury indicted Childs for attempted aggravated criminal sexual assault based on force to cause sexual assault and actions including bruising and ordering the victim to remove clothing.
- At a 2009 stipulated bench trial, the parties admitted victim statements, a police officer statement, a crime-lab report, and photographs; DNA on items matched both parties.
- The State argued the evidence showed intent to commit a sexual assault aggravated by bodily harm; the defense argued it showed only attempt to commit criminal sexual assault, not aggravated.
- The trial court held that the intent required for attempt could include an intent to commit criminal sexual assault with bodily-harm consequences, and found guilt of attempt (aggravated criminal sexual assault).
- Sentencing in July 2009 imposed $20 Act penalty, $200 DNA fee, and $200 sexual-assault fine; circuit clerk later added $10 drug-court fee and $15 CAC fee without court signing, prompting appeal.
- On review, the appellate court affirmed conviction as modified, vacated clerk-imposed fines, reimposed mandatory fines by the court, corrected Act penalties, and remanded for an amended sentencing judgment with pretrial-credit offsets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Charging instrument sufficiency | State contends indictment apprised Childs of the charged offense. | Childs argues omission of the word aggravated deprived specificity for defense. | Indictment adequate; no prejudice shown; conviction upheld. |
| Proof required for attempt aggravated offense | State concedes intent to commit criminal sexual assault plus bodily-harm evidence suffices. | Childs contends the State must prove intent to commit aggravated criminal sexual assault. | State need only prove intent to commit criminal sexual assault and that bodily harm occurred in the process. |
| Circuit clerk authority to impose fees | State concedes clerk error; fees may be imposed by court. | Childs asserts clerk lacked authority to impose drug-court and CAC fees. | Vacate clerk-imposed fees; reimpose by court as mandatory fines with pretrial credit applied. |
| Act penalties imposition | Court properly imposed penalties under the Violent Crime Victims Act. | Penalty calculation and applicability are incorrect due to fee errors. | Vacate $20 Act penalty; impose $44 Act penalty consistent with total fines. |
Key Cases Cited
- People v. Davis, 217 Ill.2d 472 (2005) (timing of charging-instrument challenges; prejudice standard on appeal)
- People v. Burke, 362 Ill.App.3d 99 (2005) (prejudice-focused inquiry when challenging charging instrument on appeal)
- People v. Maggette, 195 Ill.2d 336 (2001) (preparation and specificity in charging and amendment analysis)
- People v. Rincon, 387 Ill.App.3d 708 (2008) (elements and interpretation of attempt offenses)
- People v. Russell, 234 Ill.App.3d 684 (1992) (bodily harm as an aggravating factor in aggravated sexual assault)
- People v. Evans, 209 Ill.2d 194 (2004) (evidentiary sufficiency standard for conviction)
- People v. Williams, 405 Ill.App.3d 958 (2010) (fees imposed under Counties Code as fines)
- People v. Folks, 406 Ill.App.3d 300 (2010) (authority to impose certain fines and related procedures)
- People v. Swank, 344 Ill.App.3d 738 (2003) (distinguishing roles of judicial vs. nonjudicial actors in imposing fines)