People v. Toolate

After a jury trial, defendant Larry Toolate was convicted of residential burglary with intent to commit rape (Ill. Rev. Stat. 1981, ch. 38, par. 19 — 3(a)) and upon consideration of his criminal record was sentenced to a term of 12 years’ imprisonment. While defendant presented some evidence of alibi, the single issue argued upon appeal is whether or not the evidence sufficiently proved that the entry by defendant was made with the intent to commit rape.

The record discloses the following pertinent facts. Complainant, a single woman with two children, testified that on the night of June 16,…