People v. Johnson

(Court opinion corrected 2/17/15.) Defendant was convicted of aggravated kidnapping and aggravated criminal sexual assault. Rational trier of fact could have found independent offense of kidnapping under asportation theory, and that offense was not merely incidental to offense of criminal sexual assault. Defendant assaulted victim but put his arm around her neck, choking her, and twice moved her to more secluded area, both which increased danger to victim. State's analogy to car accident with no visible signs of injury was in response to remarks made by defense counsel in closing argument; thus, no prejudice in defense counsel failing to object to analogy. Trial judge emphatically stating "sustained" in response to its own objection to defense counsel's argument for jury not to compomise was not material factor in conviction. (LAVIN and HYMAN, concurring.)