People v. Gomez
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2011 IL App (1st) 092185 Fifth Division September 30, 2011 No. 1-09-2185 THE PEOPLE OF THE STATE OF ILLINOIS Plaintiff-Appellee, v. CARLOS GOMEZ, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County 01 CR 811 Honorable Jorge Luis Alonso, Judge Presiding. JUSTICE McBRIDE delivered the judgment of the court, with opinion. Justices Cahill and Garcia concurred in the judgment and opinion. OPINION ΒΆ1 Following a jury trial, defendant Carlos Gomez was convicted of the first degree murder, aggravated criminal sexual assault and home invasion of Joyce Ralson. The trial court subsequently sentenced defendant to a term of natural life for first degree murder, 30 years for aggravated criminal sexual assault and 30 years for home invasion. Defendant appeals, arguing that: (1) the trial court erred in denying his motion to quash arrest and suppress statements because defendant was arrested before the existence of probable cause; (2) the State failed to prove him guilty of aggravated criminal sexual assault beyond a reasonable doubt because it did not establish that Ralson was alive at the time of the sexual assault; (3) the trial court failed to comply with Supreme Court Rule 431(b) (Ill. S. Ct. R. 431(b) (eff. May 1, 2007)); and (4) the trial court abused its discretion in sentencing defendant to a term of natural life.
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