(DOWNLOAD) "People v. Anderson" by And Vacated in Part and Remanded Illinois Appellate Court — First District (2Nd Division) Affirmed in Part " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Anderson
- Author : And Vacated in Part and Remanded Illinois Appellate Court — First District (2Nd Division) Affirmed in Part
- Release Date : January 10, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendant, Julius Anderson, was charged by indictment with burglary, armed robbery, rape and deviate sexual assault. (Ill. Rev. Stat. 1975, ch. 38, pars. 19-1, 18-2, 11-1, 11-3.) Anderson entered a plea of not guilty by reason of insanity. In a jury trial he was found guilty of all charges. Defendant was sentenced to serve seven years for burglary, 30 years for armed robbery, 35 years for rape and 40 years for deviate sexual assault, all sentences to run concurrently. From those judgments and sentences defendant appeals, presenting the following issues for review: (1) whether the prosecution's cross-examination of defense experts in terms of sanity and insanity constituted prejudicial error; (2) whether the trial court erred in allowing the prosecution to cross-examine a defense expert on the basis of a study (the Rosenham Report) where the authoritativeness of the study, which indicated the symptoms of psychosis could be feigned, was never established; (3) whether the trial court should have instructed the jury to disregard the prosecution's suggestion that defendant could have read the Rosenham study at college where no evidence was ever presented to the jury that defendant had attended college; (4) whether the trial court on its own motion should have instructed the jury as to what mental states are necessary to commit the crimes of armed robbery, rape and deviate sexual assault; and (5) whether the sentences imposed should be vacated and the cause remanded for a new sentencing hearing where defendant was not advised of his right to be sentenced under the law as it existed at the time the offenses were committed. For the reasons hereinafter set forth the judgments of defendant's convictions are affirmed, the sentences imposed thereon are vacated and the cause is remanded for a new sentencing hearing.