People v. Amerman

919 N.E.2d 1068, 396 Ill. App. 3d 586, 336 Ill. Dec. 143, 2009 Ill. App. LEXIS 1222
CourtAppellate Court of Illinois
DecidedDecember 7, 2009
Docket3-08-0071
StatusPublished
Cited by20 cases

This text of 919 N.E.2d 1068 (People v. Amerman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Amerman, 919 N.E.2d 1068, 396 Ill. App. 3d 586, 336 Ill. Dec. 143, 2009 Ill. App. LEXIS 1222 (Ill. Ct. App. 2009).

Opinions

JUSTICE CARTER

delivered the opinion of the court:

A jury found the defendant, Dustin M. Amerman, guilty of attempted armed robbery (720 ILCS 5/8 — 4(a), 18 — 2 (West 2006)) and aggravated battery (720 ILCS 5/12 — 4(a) (West 2006)). The trial court sentenced him to consecutive prison terms of 11 years for the robbery offense and an extended term of 8 years for the battery offense. On appeal, the defendant argues that the trial court erred by: (1) failing to conduct an adequate jury voir dire under Illinois Supreme Court Rule 431(b) (eff. May 1, 2007); and (2) imposing an extended-term sentence for aggravated battery, which was the lesser of the two offenses. The State concurs regarding the defendant’s sentencing issue. We affirm the trial court’s judgments of conviction, vacate the sentence for aggravated battery, and remand for resentencing regarding that offense.

I. BACKGROUND

The State charged both the defendant and Zachary Beintema with several offenses regarding the incident at issue. At the time of the jury voir dire, the defendant and Beintema were to be tried as codefendants. The court made the following statement to the venire panel, which covered three of the four principles contained in Rule 431(b):

“The Indictment is merely the formal way in which a defendant is placed on trial. Under the law, each defendant is presumed to be innocent of the charges against him. This presumption remains with him throughout every stage of the trial and during your deliberations on the verdict and is not overcome unless from all of the evidence in the case, you’re convinced beyond a reasonable doubt that a defendant is guilty.
The State has the burden of proving the guilt of the defendants beyond a reasonable doubt and this burden remains on the State throughout the case.
The defendants are not required to prove their innocence nor are they required to present any evidence on their own behalf. They may rely on the presumption of innocence.”

Later, the court asked those venire members who became jurors whether they understood and accepted the principles that a defendant is presumed innocent and that the State must prove the defendant guilty beyond a reasonable doubt. Defense counsel asked two of those who became jurors if they understood and accepted the principle that the defendant would not be required to offer any evidence. None of the venire members who became jurors were asked if they understood and accepted the principle that the defendant’s failure to testify could not be used against him. After the close of the evidence and before the jury deliberations, the court instructed the jury on the four principles articulated in Rule 431(b). This was the first time during these proceedings that the jurors were instructed on the fourth principle that the defendant’s failure to testify cannot be held against him. During the trial, the defendant did not raise a contemporaneous objection that the court had failed to strictly comply with Rule 431(b).

Immediately before the trial was to begin, the court announced that Beintema had pled guilty, and therefore the trial would proceed only with regard to the defendant. Witnesses testified that the incident at issue occurred in Peoria at approximately 8 p.m. on February 26, 2007, on the outdoor stairway to the second-floor apartment of Chris Allender. Prior to the event in question, Scott Pringle, his girlfriend Stephanie Allender, Stephanie’s friend Dana, and Dana’s friend arrived by car outside Chris’s apartment. The record does not reveal either Dana’s last name or the name of Dana’s friend. Stephanie and Dana went into the apartment, where Chris, Selena Allender Boone, and Anthony Boone were already present. Chris, Stephanie, and Selena are siblings. Selena and Anthony are married. Pringle and Dana’s friend briefly remained in the car.

Pringle testified that he exited the car and walked across the street to the home of the Allender siblings’ parents, where he petted their dog. He then walked back across the street toward the stairway to Chris’s apartment. At the foot of the stairs, Pringle was met by the defendant and Beintema, who asked Pringle why he was there. After Pringle explained that he was going to the second-floor apartment to get his girlfriend, he began to walk up the stairs. The defendant stepped onto the stairs, blocking Pringle’s way. Pringle stepped back and said that he did not want any problems. At that point, Beintema “pulled out a pistol.” Initially, Beintema pointed the gun at Pringle’s waist, but later pointed it at his face.

According to Pringle, both the defendant and Beintema insisted that he empty his pants pockets, which he did. Pringle explained to his assailants that he had just given his last $15 to his girlfriend. The defendant went through the pockets of Pringle’s overcoat while Beintema continued to point the gun at him. Pringle again insisted that he did not have any money. Then, the defendant threw Pringle to the ground and began punching him. In response to the beating, Pringle “curl[ed] up in a ball.”

Eventually, Pringle was able to get up and tell his assailants that he could get some money from the apartment upstairs. Pringle testified that one of the assailants, but he could not remember which one, warned him not to call the police. After Pringle assured his attackers that he would not call the police, they accompanied him up the stairs, with Beintema continuing to point the pistol at Pringle from behind.

Once Pringle and his assailants reached the second-floor landing, Beintema stood beside Pringle, pointing the gun at him. Either Pringle or one of the assailants knocked on the door to the apartment, but Pringle could not remember who knocked. Chris opened the door, and Beintema immediately pointed the gun at Chris’s face. Chris quickly slammed the door.

Pringle testified that as Beintema began to aim the gun back toward him, Pringle ducked, grabbed Beintema’s wrist, and bent Beintema’s arm back. As Pringle shoved Beintema off the landing toward the stairs, the gun went off. Beintema jumped and “landed on his feet about three-quarters of the way down the stairs.”

Pringle said that after Beintema jumped down the stairs, the defendant grabbed Pringle from behind and they engaged in a “tussle.” As Pringle turned toward the door, he slipped on some ice and fell into a seated position with his back against the door. The defendant began to punch Pringle. While trying to avoid the defendant’s blows, Pringle banged on the door and yelled for help.

Pringle testified that he saw Beintema coming back up the stairs toward him with the gun. As Pringle began to get up from his seated posture, Beintema struck him on the right side of his head with the gun. Pringle pushed the defendant toward the stairs, and the defendant ran down the stairs. Then Pringle fought with Beintema all the way down the stairway. At the bottom of the stairs, Pringle gained control of the gun from Beintema as they continued to fight. In the meantime, Pringle heard people coming out of the apartment and saw light coming from the apartment. Stephanie ran down the stairs and into Beintema, dislodging Beintema from the struggle with Pringle.

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People v. Amerman
919 N.E.2d 1068 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 1068, 396 Ill. App. 3d 586, 336 Ill. Dec. 143, 2009 Ill. App. LEXIS 1222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-amerman-illappct-2009.