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People v. Donath

Case Date: 04/13/2005
Court: 1st District Appellate
Docket No: 1-04-0458 Rel

THIRD DIVISION
April 13, 2005



No. 1-04-0458

THE PEOPLE OF THE STATE OF ILLINOIS,

                                       Plaintiff-Appellee,

v.

HOWARD DONATH,

                                       Defendant-Appellant.

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)		 Appeal from the
Circuit Court of
Cook County

No. 02 CR 18002

Honorable
John J. Scotillo
Judge Presiding.



PRESIDING JUSTICE KARNEZIS delivered the opinion of the court:

Following a bench trial, defendant Howard Donath was convicted of six counts of Class X predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1) (West 2002)), six counts of Class 1 criminal sexual assault (720 ILCS 5/12-13(a)(2) (West 2002)), six counts of Class 1 child pornography (720 ILCS 5/11-20.1(a)(1)(ii), (a)(1)(iv), (a)(1)(vii) (West 2002)), eights counts of Class 2 aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(1)(i) (West 2002)), and seven counts of Class 3 child pornography (720 ILCS 5/11-20.1(a)(6)(a)(1)(ii), (a)(1)(iv), (a)(1)(vii) (West 2002)). Defendant was sentenced to a total of 100 years' imprisonment. Defendant now appeals and argues: (1) the trial court erred in denying his motion to suppress evidence; and (2) his sentence is excessive. We affirm.

BACKGROUND

An application and affidavit for the search warrant in this case was filed on April 2, 2002, before a United States magistrate. In support of the search warrant, Special Agent (SA) Carl C. Hasler averred that he was assigned to the United States Customs Service (USCS) office and was the special agent in charge in Chicago (SAIC/Chicago). His affidavit was made in support of an application for a search warrant to search the premises located at 6614 Pinetree Street, Unit A, Hanover Park, Illinois, and any computer and computer media contained therein, for contraband and for evidence of the occupant's possession of and/or distribution of child pornography. The affidavit was based on information he gained from his personal investigation, information he received from Senior Special Agent (SSA) Jarrod L. Winkel, special agents of the Customs Cybersmuggling Center (C3), as well as from conversations with other law enforcement personnel. He further stated that the affidavit set forth only those facts that he believed established probable cause to believe that there was evidence of violations of Title 18, section 2252, of the United States Code (18 U.S.C.