People v. Blankenship

943 N.E.2d 1111, 406 Ill. App. 3d 578, 348 Ill. Dec. 201, 2010 Ill. App. LEXIS 1240
Appellate Court of Illinois·Decided November 15, 2010·No. 2-08-1012 Rel·Published·Cited by 21 cases

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant, Carl E. Blankenship, appeals his conviction of possession of a controlled substance (720 ILCS 570/402 (West 2008)). He argues that (1) the trial court’s instructions and questions to prospective jurors did not comply with Illinois Supreme Court Rule 431(b) (eff. May 1, 2007); (2) the State failed to prove a chain of custody for the substance he was charged with possessing; and (3) the court lacked an evidentiary basis for imposing a $10 “street-value” fine. We affirm.

I. Rule 431(b)

Supreme Court Rule 431(b) states:

“The court shall ask each potential juror, individually or in a group, whether that juror understands and accepts the following principles: (1) that the defendant is presumed innocent of the charge(s) against him or her; (2) that before a defendant can be convicted the State must prove the defendant guilty beyond a reasonable doubt; (3) that the defendant is not required to offer any evidence on his or her own behalf; and (4) that the defendant’s failure to testify cannot be held against him or her; however, no inquiry of a prospective juror shall be made into the defendant’s failure to testify when the defendant objects.
The court’s method of inquiry shall provide each juror an opportunity to respond to specific questions concerning the principles set out in this section.” (Emphasis added.) Ill. S. Ct. R. 431(b) (eff. May 1, 2007).

In what follows, we often refer to the four principles as the “Zehr principles,” after People v. Zehr, 103 Ill. 2d 472 (1984), the inspiration for Rule 431(b).

Defendant concedes that he raised no Rule 431(b) issue in the court below. See People v. Barrow, 133 Ill. 2d 226, 260 (1989) (“in general both an objection at trial and a written post-trial motion raising the issue are required to preserve that issue for review”). Defendant asks us to review the Rule 431(b) issue under the plain-error rule, which “bypasses normal forfeiture principles and allows a reviewing court to consider unpreserved error” when “the evidence in a case is so closely balanced that the jury’s guilty verdict may have resulted from the error and not the evidence” or when “the error is so serious that the defendant was denied a substantial right, and thus a fair trial.” People v. Herron, 215 Ill. 2d 167, 178-79, 186-87 (2005); see also 134 Ill. 2d R. 615(a). Without error, of course, there is no “plain” error, so we first determine whether there was error at all in the trial court’s application of Rule 431(b). See People v. Hudson, 228 Ill. 2d 181, 191 (2008).

We find no error. Here the trial court gave the same admonitions and put the same questions to each prospective juror. The trial court informed each juror of all four Zehr principles and asked whether the juror “agree[d] with” the principles. Each juror answered yes. Defendant argues that the trial court failed to comply with Rule 431(b) in that it did not separately ask whether the jurors understood the Zehr principles. Defendant points to the conjunctive in Rule 431(b): the trial court is directed to ask each “potential juror *** whether that juror understands and accepts” the Zehr principles (emphasis added) (Ill. S. Ct. R. 431(b) (eff. May 1, 2007)).

This court recently applied Rule 431(b) in a similar factual scenario. In People v. Calabrese, 398 Ill. App. 3d 98 (2010), the defendant invoked the plain-error rule to preserve a Rule 431(b) chailenge. The trial court in Calabrese informed the jurors as a body of all four Zehr principles, and, as each juror was selected for the venire panels, asked the juror individually whether he or she “ ‘accepted]’ ” the principles the court had previously described. Calabrese, 398 Ill. App. 3d at 100. Each juror answered “ ‘yes.’ ” Calabrese, 398 Ill. App. 3d at 100.

We found no error in the court’s administration of Rule 431(b):

“Here, the trial court asked each juror whether he or she accepted the principles that the court had described, and each juror had the opportunity to ask questions or state that he or she did not understand or accept the principles. Each juror, however, responded that he or she did understand and accept the principles.” (Emphasis added.) Calabrese, 398 Ill. App. 3d at 121.

The facts in Calabrese make no mention of any juror literally stating that he or she “understood” the Zehr principles. The jurors were, literally, asked only whether they “ ‘accept[ed]’ ” the principles, and each responded “ ‘yes.’ ” Nonetheless, we found that each juror “responded that he or she did understand and accept the principles” (emphasis added) (Calabrese, 398 Ill. App. 3d at 121). Tacit here was the premise that a rational juror (which we presume any juror to be (see People v. Wharton, 334 Ill. App. 3d 1066, 1080 (2002))) would not claim to accept the Zehr principles unless that juror believed he or she understood them. This premise was itself based on the notion that acceptance implies understanding, at least so far as Rule 431(b) is concerned. We expressly hold today what we implied in Calabrese.

We explain how our holding accords with the text of Rule 431(b). The canons of statutory interpretation apply to supreme court rules as well. Robidoux v. Oliphant, 201 Ill. 2d 324, 332 (2002). “As is the case with statutes, our primary task in construing a rule is to ascertain and give effect to the intent of its drafters.” Robidoux, 201 Ill. 2d at 332. The most reliable indicator of intent is the language used, which should be given its plain and ordinary (Robidoux, 201 Ill. 2d at 332), or “popularly understood” (Gem Electronics of Monmouth, Inc. v. Department of Revenue, 183 Ill. 2d 470, 478 (1998)), meaning, unless this would defeat the intent of the drafters (People v. Scharlau, 141 Ill. 2d 180, 193 (1990)).

In Rule 431(b), “accepts” and “understands” are linked by “and.” “And” is generally interpreted as conjunctive rather than disjunctive. Byung Moo Soh v. Target Marketing Systems, Inc., 353 Ill. App. 3d 126, 131 (2004). “ ‘As a general rule, the use of the conjunctive *** indicates that the legislature intended for all of the listed requirements to be met.’ ” (Emphasis in original.) Byung Moo Soh, 353 Ill. App. 3d at 131, quoting Gilchrist v. Human Rights Comm’n, 312 Ill. App. 3d 597, 602 (2000). Rule 431(b), however, prescribes no particular wording by which the trial court is to confirm that a juror “understands and accepts” the Zehr principles. We believe that, in common usage, to “understand” a proposition is to comprehend it, while to “accept” that proposition is both to comprehend it and to assent to it. “Acceptance” implies “understanding,” but “understanding” does not imply “acceptance.” We see nothing in Rule 431(b) to indicate that we should not apply this popular usage.

That “understanding” does not imply “acceptance” was the basis of our decision in People v. Blair, 395 Ill. App. 3d 465, 473-74 (2009), where the trial court, with respect to certain of the Zehr principles, asked the jurors if they “understood” the principles without also asking them if they accepted the principles. We found that these efforts did not satisfy Rule 431(b). Blair, 395 Ill. App. 3d at 476-77.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Blankenship, 943 N.E.2d 1111, 406 Ill. App. 3d 578, 348 Ill. Dec. 201, 2010 Ill. App. LEXIS 1240 (Ill. Ct. App. 2010).

943 N.E.2d 1111 (People v. Blankenship) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Heather T. v. Bennett
Appellate Court of Illinois, 2026
People v. Dean
2023 IL App (4th) 220468-U (Appellate Court of Illinois, 2023)
People v. Jones
2021 IL App (3d) 190131 (Appellate Court of Illinois, 2021)
People v. Pittman
2021 IL App (1st) 182373-U (Appellate Court of Illinois, 2021)
People v. Smith
2020 IL App (3d) 160454 (Appellate Court of Illinois, 2020)
People v. Scott
2019 IL App (1st) 163022 (Appellate Court of Illinois, 2019)
People v. Coger
2019 IL App (1st) 163250 (Appellate Court of Illinois, 2019)
People v. Daniel
2018 IL App (2d) 160018 (Appellate Court of Illinois, 2018)
People v. Peters
2018 IL App (2d) 150650 (Appellate Court of Illinois, 2018)
Jill Knowles Enterprises, Inc v. Dunkin
2017 IL App (2d) 160811 (Appellate Court of Illinois, 2017)
People v. Belknap
2013 IL App (3d) 110833 (Appellate Court of Illinois, 2013)
The Board of Education of Du Page High School District 88 v. Pollastrini
2013 IL App (2d) 120460 (Appellate Court of Illinois, 2013)
People v. Anderson
2013 IL App (2d) 111183 (Appellate Court of Illinois, 2013)
People v. Curry
2013 IL App (4th) 120724 (Appellate Court of Illinois, 2013)
People v. Nelson
2013 IL App (3d) 110581 (Appellate Court of Illinois, 2013)
People v. Devine
2012 IL App (4th) 101028 (Appellate Court of Illinois, 2012)
People v. Neal
2011 IL App (1st) 092814 (Appellate Court of Illinois, 2011)