People v. Begay

879 N.E.2d 962, 377 Ill. App. 3d 417, 316 Ill. Dec. 574, 2007 Ill. App. LEXIS 1146
CourtAppellate Court of Illinois
DecidedNovember 1, 2007
Docket1-05-2453
StatusPublished
Cited by20 cases

This text of 879 N.E.2d 962 (People v. Begay) 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. Begay, 879 N.E.2d 962, 377 Ill. App. 3d 417, 316 Ill. Dec. 574, 2007 Ill. App. LEXIS 1146 (Ill. Ct. App. 2007).

Opinion

JUSTICE O’BRIEN

delivered the opinion of the court:

Defendant, Sylvia Begay, appeals her jury convictions for armed violence and aggravated battery and her sentence of 10 years’ imprisonment for the armed violence count and a concurrent sentence of 5 years’ imprisonment for aggravated battery. On appeal, defendant contends: (1) the circuit court erred in allowing prejudicial other crimes evidence where the State did not establish defendant’s connection to the other crime; (2) defendant’s counsel provided ineffective assistance when he failed to challenge a prospective juror who stated she could not be fair; (3) during closing arguments, the State improperly shifted the burden of proof to the defense; and (4) defendant’s aggravated battery conviction and sentence must be vacated pursuant to the one-act, one-crime rule because it arose from the same act forming the basis for her armed violence conviction and is a lesser-included offense of armed violence. We affirm the conviction and sentence for armed violence, vacate the conviction and sentence for aggravated battery, and correct the mittimus.

At trial, Terry Pringle (the victim) testified that he was employed as a police officer with the Chicago police department. He and defendant had a relationship for approximately 3½ years before the relationship ended in the early part of 2002. On May 1, 2002, around 12 a.m., the victim was in his apartment with his sons Cory and Terry and a friend, Linda Thomas. He had been involved in a minor motorcycle accident a couple of days before, and Linda brought food for him and his sons. While Cory and Terry were in the living room watching television and eating, defendant, who lived in the same building, “banged” on the front door saying, “ ‘Let me in, let me in.’ ” The victim opened the door “slightly” and defendant pushed her way into his apartment.

After entering the apartment, defendant headed toward the victim’s bedroom, where she confronted Linda and asked her, “ ‘Are you f — ing my man?’ ” Linda told defendant to mind her own business. Defendant walked out of the bedroom and headed toward the kitchen, located in the back of the apartment. The victim then heard the opening of the kitchen drawer where he kept silverware, including knives. This drawer made a particular noise when opened because it was “off the hinge.” Defendant called to the victim, saying she needed to talk to him. He found defendant in the den, which was located next to the kitchen, with her hands in the pockets of her trench coat.

The victim testified that he told defendant to leave and turned to switch off a light. As he turned again to face defendant, she hit his forehead with a knife blade. Part of the blade broke from the handle and stuck in his skull. The victim “faded” for a moment, then saw defendant run down the hall toward the front door. The victim caught up with her at the door. They wrestled, and defendant stabbed the victim with the remaining jagged edge of the knife, striking his head numerous times, tearing his sweatpants around the groin area, and ripping his shirt. After the victim wrestled the knife away from her, defendant ran down the stairs, screaming, “ ‘He got a knife, he got a knife, call the police.’ ” The victim told his sons to call the police and ambulance as he went into the bathroom to put a towel on his head. An ambulance transported him to Cook County Hospital, where he had surgery to remove the blade from his head.

The victim acknowledged that defendant had filed an order of protection against him on July 5, 2001, but she had the order vacated on July 16, 2001. Defendant also informed the Office of Professional Standards that she wanted to drop all complaints against the victim; defendant signed a “drop complaint” form.

Linda Thomas testified that on the evening of April 30, 2002, she brought food over for the victim and his sons because the victim had been involved in a motorcycle accident several days earlier. She was at the apartment around midnight, May 1, 2002, in the victim’s bedroom, when she heard a loud knock at the front door. Soon after, defendant entered the bedroom. Defendant asked Linda, “ ‘Are you f— ing [the victim]?’ ” to which Linda replied that her relationship with the victim was personal business. The victim asked defendant to leave, but defendant replied that she wished to speak privately with him and she left the bedroom and walked toward the back of the apartment. The victim eventually followed her. Linda then heard a sound “as if someone was being smacked” and of eyeglasses falling to the floor. She stated that she heard “shuffling of feet and scuffling at the door.” She heard defendant scream and yell as she ran down the stairs. The victim told Linda to call an ambulance and asked her to bring him a towel. He then went into the bathroom and told Linda that he had been stabbed.

Cory Pringle testified that on May 1, 2002, he lived in the apartment with his father (the victim) and brother, Terry. Around 12 a.m., he and his brother were in the living room eating and watching television when he heard a “splatter” outside the window, of something hitting a car. About a minute or two later, someone pounded on the door and he recognized defendant’s voice. The victim opened the door “a little bit” and talked with defendant. Defendant, who was wearing a trench coat, pushed open the door and went into the victim’s bedroom. Defendant then left the bedroom and went toward the kitchen area. Cory heard the “screech” of the utensil drawer in the kitchen, and then defendant called to the victim. A minute or two later, the victim left the bedroom and went to the back of the apartment, toward the kitchen.

Cory testified that soon after, he saw defendant running out of the apartment with the victim following. Cory passed the front entrance and saw the victim and defendant “rolling around” in the hallway. When the victim reentered the apartment, he had his hand over his head as he walked to the back of the apartment. Cory saw the victim as he was changing a towel he had wrapped around his head and Cory observed “blood dripping down.” When Cory had an opportunity to go outside of the building, he saw that the victim’s black Mazda had eggs splattered on it and that Linda’s car also had been hit with eggs. Cory stated that he did not see anyone throw eggs at the victim’s car, nor did he ever see defendant with eggs that day.

Cory’s brother, Terry Jr., testified similarly to Cory.

Defendant testified that she had dated the victim from mid-1998 to May 1, 2002, but broke up the relationship several times during that period. When the victim threatened her in May 2001, she filed a complaint with the Office of Professional Standards after which the victim threatened her again for filing the complaint. Defendant then obtained an order of protection against him, but asked to vacate the order when he agreed to counseling.

On May 1, 2002, defendant went to the victim’s apartment hoping to have sex with him. She saw the victim’s car, but did not see any egg splattered on it. She knocked on the victim’s door, and when no one answered, she knocked harder. When the victim answered, he told defendant he had company but stepped aside as defendant entered the apartment. Defendant walked into the victim’s bedroom and stated that they needed to talk. Defendant then asked Linda if she was sleeping with the victim.

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Cite This Page — Counsel Stack

Bluebook (online)
879 N.E.2d 962, 377 Ill. App. 3d 417, 316 Ill. Dec. 574, 2007 Ill. App. LEXIS 1146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-begay-illappct-2007.