Docket No. 108778.
IN THE
SUPREME COURT
OF
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
AURELIA GONZALEZ, Appellee.
Opinion filed January 21, 2011.
CHIEF JUSTICE KILBRIDE delivered the judgment of the court,
with opinion.
Justices Freeman, Thomas, Garman, Karmeier, Burke, and Theis
concurred in the judgment and opinion.
OPINION
The issue in this appeal is whether the State proved beyond a
reasonable doubt that defendant “secretly confined” the victim within
the meaning of the aggravated kidnapping statute. See 720 ILCS
5/10–1(a)(1), 10–2(a)(2) (West 2006). Following a jury trial, the
circuit court of Cook County convicted defendant of aggravated
kidnapping. A majority of the appellate court reversed defendant’s
conviction, finding that the State failed to prove secret confinement
beyond a reasonable doubt. 392 Ill. App. 3d 323. For the reasons that
follow, we reverse the appellate court’s judgment.
I. BACKGROUND
The State charged defendant, Aurelia Gonzalez, with unlawful
restraint and two counts of aggravated kidnapping, one count based
on secret confinement and the other count based on the threat or use
of force. The aggravated kidnapping charge based on secret
confinement alleged that on March 2, 2006, defendant knowingly and
