People v. Rexroad
2013 IL App (4th) 110981
| Ill. App. Ct. | 2013Background
- Convicted in Aug. 2011 by jury of indecent solicitation of a child; eight-year sentence with presentence credit.
- Prosecution alleged sexual solicitation under 720 ILCS 5/11-6(a) and related meet-a-child offense; defendant argued jury instructions misstated elements.
- Detective Morris impersonated a 15-year-old girl (R.H.) on social media; Rexroad’s communications with the impersonator included explicit sexual content.
- A planned meeting occurred at an IGA parking lot; Rexroad was arrested; phone evidence corroborated the exchanges.
- Court ordered remand to vacate improperly imposed fines and to reimpose appropriate fines; affirmed conviction on other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury instructions misstated mental-state elements | Rexroad argues the jury lacked required intent and knowledge elements. | Rexroad contends instructions allowed conviction without proving intent to commit aggravated sexual abuse or knowledge RH was under 17. | Plain error found; instructions failed to require requisite mental states. |
| Whether Rexroad’s acts were criminal as charged | State asserts solicitation of a minor was proven despite no actual minor present. | Rexroad claims no victim and that communications were protected or provoked by police. | Criminal solicitation proven; intent to engage with someone believed to be under 17 satisfied. Evidence overwhelming. |
| Fines and fees improperly imposed; presentence credit issues | State argues clerical issues and post-judgment fines were proper. | Clerk-imposed fines (drug court, State Police, VCVA) improperly issued; seek vacation/reimposition by court. | Remand to vacate improper fines; determine reimposition; resolve presentence-credit allocation; jurisdiction affirmed. |
Key Cases Cited
- People v. Carter, 405 Ill. App. 3d 246 (2010) (requires intent and knowledge elements; plain-error inquiry)
- People v. Ruppenthal, 331 Ill. App. 3d 916 (2002) (solicitation complete on command/encouragement with intent; need not prove act occurred)
- Free Speech Coal., Inc. v. United States, 535 U.S. 234 (2002) (government may punish unlawful solicitation and related imminent actions; limits on speech enforcement)
- People v. D’Angelo, 223 Ill. App. 3d 754 (1992) (forfeiture rule; evidentiary/instruction issues not raised below may be waived unless grave error)
- People v. Gutierrez, 2012 IL 111590 (2012) (liberalized notice and jurisdiction rules for reviewing postconviction fines; proper scope of appeal)