People v. Walston

              No. 2--05--1234 Filed: 11-12-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ))
v. ) No. 04--CF--4004
)
TIMOTHY L. WALSTON, ) Honorable
) Joseph G. McGraw,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Defendant, Timothy L. Walston, appeals the judgment of the circuit court of Winnebago
County finding him guilty of two counts of aggravated criminal sexual assault (720 ILCS
5/12--14(a)(2) (West 2004)). On appeal, defendant argues that the trial court erred by failing to grant
his motion to sever the charges and that the trial court should have allowed him to introduce a
purportedly exculpatory statement he made to one of the victims. For the reasons that follow, we
affirm the decision of the trial court.
Defendant was charged with four counts of aggravated criminal sexual assault (720 ILCS
5/12--14(a)(2) (West 2004)) against two victims. Count I alleged that, on November 27, 2004,
defendant placed his penis in the vagina of the first victim by the use of force, causing her bodily
harm. The second, third, and fourth counts, respectively, alleged that, on November 11, 2004,
defendant placed his penis in the vagina, anus, and mouth of the second victim through the use of