Full title: THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICK T…
Court: Appellate Court of Illinois, First District. First Division
Date published: Feb 5, 1974
Facts
Defendants Harvie Morrow and Rick Mackins were jointly indicted and tried for attempt rape (Ill. Rev. Stat. 1969, ch. 38, par. 8-4) and murder (Ill. Rev. Stat. 1969, ch. 38, par. 9-1.) After a jury trial, each was found guilty of both offenses. Consecutive penitentiary sentences were imposed upon Morrow of nine to 14 years for attempt rape and 50 to 150 years for murder; and upon Mackins of six to 12 years for attempt rape and 30 to 75 years for murder. Represented by separate counsel, both have appealed.
The contentions raised by both defendants are:
1. In each instance, the evidence was not sufficient to prove guilt beyond a reasonable doubt. In this particular, defendant Mackins urges that his guilt on the theory of accountability rests entirely on speculation.
2. The original arrest of the defendants was unlawful and they did not give valid consent to seizure of their clothing by the police so their Fourth Amendment rights were violated.
3. The trial court erred in receiving expert testimony on the significance of certain evidence.
4. The trial court erred in admonitions to the jury regarding the testimony of a defense witness.
Issue
Decision
Both maximum sentences for attempted rape exceeded the permissible maximum. Therefore, each of the maximum sentences for attempted rape is reduced to ten years and the minimums are each reduced to one-third of the maximum or three years and four months, to run concurrently with the sentences for murder which are both affirmed.
Judgments were appealed and sentences for murder were affirmed. Sentences for attempted rape have been modified.
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