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People v. George
State: Illinois
Court: 4th District Appellate
Docket No: 4-00-0607 Rel
Case Date: 01/14/2002

NO. 4-00-0607
January 14, 2002

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
               Plaintiff-Appellee,
               v.
JOHN E. GEORGE,
               Defendant-Appellant.
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Appeal from
Circuit Court of
Champaign County
No. 99CF1576


Honorable
John R. DeLaMar,
Judge Presiding.

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JUSTICE TURNER delivered the opinion of the court:

After an April 2000 trial, a jury found defendant, JohnE. George, guilty of aggravated kidnaping (720 ILCS 5/10-2(a)(2)(West 1998)), child abduction (720 ILCS 5/10-5(b)(10) (West1998)), false personation of a peace officer (720 ILCS 5/32-5.1(West 1998)), obstructing justice (720 ILCS 5/31-4(a) (West1998)), three counts of predatory criminal sexual assault of achild (720 ILCS 5/12-14.1(a)(1) (West 1998)), and aggravatedcriminal sexual abuse (720 ILCS 5/12-16(c)(1)(i) (West 1998)). Defendant filed a posttrial motion. After a May 2000 hearing,the trial court denied defendant's motion and sentenced him to 16years' imprisonment for aggravated kidnaping, 6 years for childabduction, 6 years for false personation of a peace officer, and6 years for obstructing justice, all to run concurrent with eachother, but consecutive to 30 years for each of the three countsof predatory criminal sexual assault of a child and 14 years foraggravated criminal sexual abuse. The three predatory criminalsexual assault sentences were to run consecutive to each otherand consecutive to the aggravated criminal sexual abuse sentence. On appeal, defendant asserts (1) the evidence wasinsufficient to support his convictions for (a) aggravatedkidnaping and (b) child abduction; (2) the trial court erred inimposing extended-term sentences for the child abduction, falsepersonation of a peace officer, and aggravated criminal sexualabuse convictions; and (3) the consecutive sentencing provisionsof sections 5-8-4(a) and 5-8-4(b) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-4(a), (b) (West 1998))violate defendant's rights to due process and trial by jury. Weaffirm in part, vacate in part, and remand with directions.

I. BACKGROUND

The victim, B.W., testified as follows. In September1999, B.W. was having troubles with his mother and ran away fromhome. At the time, B.W. was 12 years old. The first night, B.W.stayed at a friend's home. The next day, as B.W. was walkingpast the home of Rodney and Helen Martin, defendant asked B.W. to"come here." Defendant introduced himself as Jack Stamos. B.W.and defendant began conversing, and B.W. told defendant he waslooking for a place to stay. Defendant told B.W. he was a policeofficer with the crash team and showed B.W. a badge. Defendantthen told B.W. he had radioed the police station, and the policewere on their way. Defendant informed B.W. he could make it sothe police would not come, but he would have to make up some sortof punishment. At that point, defendant took B.W. to the busheson the Martins' property where defendant placed his penis onB.W.'s buttocks. Defendant told B.W. the police would not comeif he did this.

B.W. and defendant spent the night at the Martins'home, sleeping on the same bed. B.W. had told Helen he had hismother's permission to spend the night at a friend's home. Atone point while sleeping on the bed, defendant placed his penisin B.W.'s anus. Defendant had told B.W. he had to do it again orhe would call the police.

The next day, B.W. remained in the Martins' house allday playing Nintendo. That night, defendant and B.W. slept inthe Martins' car. While in the car, defendant again touchedB.W.'s anus with his penis and tried to touch B.W.'s penis.

B.W. and defendant spent the next day and the thirdnight in the bushes behind the Martins' home. Defendant againtouched B.W.'s anus with his penis. When B.W. protested, defendant stated he had to figure out something to do so B.W. wouldnot get arrested.

On the last morning, defendant informed B.W. he hadadopted B.W., and they were going to go to his home in Rockford,Illinois. As defendant and B.W. were walking behind the Martins'house, a school bus went by and stopped. B.W.'s friends exitedthe bus and tried to get B.W. on the bus. However, B.W. did notgo with the boys. Defendant came up and pushed one of the boysaway. Defendant and B.W. then went to two local churches andmade up stories to get some money. A pastor of one of thechurches took defendant and B.W. out to eat and eventuallydropped them off on the University of Illinois campus. Defendantand B.W. got on a bus. Two police officers later boarded the busand took defendant and B.W. to the police station. When askedhis name by the officers, defendant gave the name Jack Stamos.

According to Rodney Martin's testimony, at one pointduring B.W.'s stay at his house, a sheriff's deputy came toRodney's house to talk to Rodney about a sleeping bag incident. The deputy was in the home for about a half an hour. During thattime, B.W. was present but defendant was not.

In October 1999, the State charged defendant withaggravated kidnaping, child abduction, false personation of apeace officer, obstructing justice, and aggravated battery (720ILCS 5/12-4(b)(8) (West 1998) (as amended by Pub. Act 91-357,

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