People v. Johnson
2017 IL App (2d) 141241
| Ill. App. Ct. | 2017Background
- Defendant Calvin Johnson and victim C.J., long-married, separated and in the process of divorce; repeated hostile contacts in months before April 11, 2013.
- On April 11, defendant entered C.J.’s car at her workplace, displayed a knife (and showed a gun in a bag), threatened to kill her, and forced her to drive to a Motel 6.
- At the motel, C.J. testified defendant removed her clothes and had intercourse over her protests; she exhibited crying, shaking, and physical injuries consistent with sexual trauma; a subsequent exam found a perineal tear and bruises.
- Police recovered a butcher knife at defendant’s home matching C.J.’s description; coworkers and family corroborated C.J.’s emotional state after the incident.
- Defendant testified the encounter and sex were consensual; the trial court found C.J. credible and convicted defendant of criminal sexual assault and related counts after a bench trial.
- At sentencing the court ordered a presentence report that included a statutorily unauthorized sex-offender evaluation (defendant was subject to a mandatory prison term); the evaluator labeled defendant a pedophile and reported deception during testing. Court sentenced defendant to six years’ imprisonment for criminal sexual assault and concurrent probation/jail terms for other counts. Defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | Evidence (C.J.’s credible testimony, corroboration by medical exam, witnesses, defendant’s demeanor/history) supports conviction | C.J. was inconsistent and not credible; defendant’s account of consensual sex was more believable | Affirmed: viewing evidence in light most favorable to the State, a rational trier of fact could find guilt beyond reasonable doubt |
| Plain error from ordering/considering a sex-offender evaluation when defendant faced a mandatory prison term | Trial court’s consideration of the evaluation did not affect sentence; evaluation was largely dismissed and court relied on case facts for aggravation | Ordering an evaluation was prohibited by statute for defendants facing mandatory prison; consideration of the report at sentencing was plain error requiring remand | Mixed: Court found clear statutory error in ordering the evaluation but no plain-error relief because defendant failed to show prejudice — the court concluded the evaluation did not affect sentence and affirmed |
Key Cases Cited
- People v. Collins, 214 Ill. 2d 206 (statement of standard for sufficiency of the evidence)
- People v. Hillier, 237 Ill. 2d 539 (plain-error framework in sentencing context)
- People v. Davison, 233 Ill. 2d 30 (statutory construction principles)
- People v. Campbell, 146 Ill. 2d 363 (deference to trier of fact on witness credibility)
- People v. Adams, 109 Ill. 2d 102 (minor inconsistencies do not necessarily create reasonable doubt)
- People v. Clark, 2016 IL 118845 (scope of second‑prong plain‑error review; fairness/integrity focus)
