(Court opinion corrected 2/5/19.) Defendant, who speaks only Spanish, was convicted, after bench trial of 8 counts of aggravated criminal sexual abuse of his 2 children and his 2 stepchildren. As 2 children both testified to different instances when Defendant molested stepson, and as 2 other counts are based on different acts that occurred during different periods of time, convictions for those incidents do not violate the one-act, one-crime rule. Convictions for 2 counts must be vacated for violating the one-act, one-crime rule as they are based on the same physical acts charged in 2 other counts. Defendant cannot show that the unargued suppression motion had a reasonable probability of success where the circumstances surrounding his statement indicate that it was voluntarily given. Detective, who is bilingual, acted as Defendant's translator and testified that sh had no problem communicating with Defendant. Translation procedures used in eliciting Defendant's inculpatory statement were acceptable, as they confirmed to existing precedent for voluntariness and reliability.(HYMAN, concurring; MASON, specially concurring.)
Illinois Appellate Court
Criminal Court
Sexual Abuse