People v. Kitch

State: Illinois

Court: 4th District Appellate

Docket No: 4-05-0982 Rel

Case Date: 06/25/2009

Preview:NO. 4-05-0982 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD D. KITCH, Defendant-Appellant.

Filed:

6-25-09

) Appeal from ) Circuit Court of ) Schuyler County ) No. 05CF5 ) ) Honorable ) Alesia A. McMillen, ) Judge Presiding. _________________________________________________________________ JUSTICE STEIGMANN delivered the opinion of the court: Following an October 2005 trial, a jury convicted defendant, Richard D. Kitch, of nine counts of predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 2000)) and one count of aggravated criminal sexual abuse (720 ILCS 5/1216(c)(1)(i) (West 2002)). The trial court later sentenced him to

(1) 9 consecutive natural-life prison terms for predatory criminal sexual assault of a child and (2) a concurrent 14-year extended-term sentence for aggravated criminal sexual abuse. Defendant appealed, arguing that (1) the United States Supreme Court's decision in Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), renders section 115-10 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/11510 (West 2004)) unconstitutional in that it violates the confrontation clause of both the United States and Illinois Constitutions (U.S. Const., amend. VI; Ill. Const. 1970, art. I,

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