People v. Buckner

831 N.E.2d 676, 358 Ill. App. 3d 529, 294 Ill. Dec. 726, 2005 Ill. App. LEXIS 583
Appellate Court of Illinois·Decided June 13, 2005·No. 3-03-0611 Rel·Published·Cited by 10 cases

Opinions

JUSTICE HOLDRIDGE

delivered the opinion of the court:

The defendant, Alfred Buckner, was convicted of burglary (720 ILCS 5/19 — 1(a) (West 2002)) and sentenced to six years’ imprisonment. On appeal, the defendant argues that the trial court erred in ordering him to wear an electronic security belt as a restraining device without first making a finding of necessity pursuant to People v. Boose, 66 Ill. 2d 261, 362 N.E.2d 303 (1977). The defendant asks this court to remand his case for a new trial. While we find that the trial court erred in failing to conduct a Boose analysis, we do not order a new trial. Rather, we remand this case to the trial court for a posttrial hearing on the decision to restrain the defendant.

I. BACKGROUND

On June 12, 2002, the defendant was charged with one count of burglary. On March 31, 2003, the defendant’s jury trial began. Just before voir dire, the trial judge ordered the courtroom deputy to remove the defendant’s handcuffs and shackles. However, the judge also noted that the defendant’s electronic security belt would remain in place.

Following the presentation of evidence and closing arguments, the jury found the defendant guilty. The trial court then sentenced the defendant to six years’ imprisonment. The defendant’s motion to reconsider the sentence was denied, and he timely appealed.

II. ANALYSIS

Because the defendant failed to object to the use of the security belt at trial or include the issue in a posttrial motion, he asks this court review the issue for plain error. People v. Enoch, 122 Ill. 2d 176, 522 N.E.2d 1124 (1988). Therefore, we will first ascertain whether any error occurred and, if so, then determine whether it rose to the level of plain error.

A. Lack of Record Evidence

Before turning to the defendant’s argument on appeal, we must first consider the State’s contention that the record fails to show that the defendant was forced to wear an electronic security belt throughout the trial. The State argues that the record only shows that the defendant was required to wear the belt during voir dire and that the defendant’s contention that he was required to wear a belt during the entire trial is mere conjecture.

We believe, however, that it is reasonable to conclude that the defendant did in fact wear the belt throughout the proceedings. As we recently stated, “[t]his is especially so since the State, not long ago, asked this court to validate the Will County sheriffs department’s ‘standard operating procedure’ of forcing all felony defendants in custody to wear a stun belt while appearing in court.” People v. Allen, 354 Ill. App. 3d 442, 444, 821 N.E.2d 335, 337 (2004); see also People v. Martinez, 347 Ill. App. 3d 1001, 808 N.E.2d 1089 (2004).

Moreover, the lack of any further mention of a security device in the record will not prevent us from reviewing the issue. The Supreme Court has stated that “ ‘a fair trial, in all its stages, is a fundamental requirement in a criminal prosecution and when such requirement is not met, it amounts to a denial of due process of law.’ ” Boose, 66 Ill. 2d at 269, 362 N.E.2d at 306-07, quoting People v. Finn, 17 Ill. 2d 614, 617, 162 N.E.2d 354, 356 (1959). Thus, even if the device was only worn during voir dire, the defendant could still challenge its use.

B. Use of a Restraining Device

The presumption of innocence is central to the administration of criminal justice. Therefore, the restraint of a defendant in a courtroom should be avoided because: (1) it tends to prejudice the jury against the defendant; (2) it restricts the defendant’s ability to assist his counsel during trial; and (3) it offends the dignity of the judicial process. Boose, 66 Ill. 2d 261, 362 N.E.2d 303. However, a defendant may be placed in restraints in the presence of the jury if there is “ ‘a showing of a manifest need for such restraints.’ ” Boose, 66 Ill. 2d at 265-66, 362 N.E.2d at 305, quoting People v. Duran, 16 Cal. 3d 282, 290-91, 545 P.2d 1322, 1327, 127 Cal. Rptr. 618, 623 (1976). In Boose, the Illinois Supreme Court defined 13 factors that the trial court must consider before determining restraint to be appropriate. Boose, 66 Ill. 2d 261, 362 N.E.2d 303.

The decision to restrain a defendant at trial is left to the discretion of the trial judge. Boose, 66 Ill. 2d 261, 362 N.E.2d 303. However, before ordering a defendant restrained, the trial judge should state his reasons on the record, and the failure to properly analyze the Boose factors is a due process violation. Boose, 66 Ill. 2d 261, 362 N.E.2d 303; Martinez, 347 Ill. App. 3d 1001, 808 N.E.2d 1089.

In this case, the trial judge ordered the defendant’s handcuffs and shackles to be removed prior to voir dire, but also noted that the defendant would continue to wear an electronic security belt. The judge offered no justification for the use of this restraint. This action failed to fulfill the mandates of Boose and Martinez and constituted a violation of the defendant’s due process rights. However, we must still consider whether that violation constituted plain error.

C. Plain Error

As a general rule, an issue is waived on appeal if it was not raised in the trial court through both a contemporaneous objection and a written posttrial motion. Enoch, 122 Ill. 2d 176, 522 N.E.2d 1124. Nonetheless, plain errors affecting substantial rights may be noticed by an appellate court despite any waiver. 134 Ill. 2d R. 615(a). The plain error rule is invoked only where the evidence was closely balanced or the error in the trial court denied the defendant a fair trial. People v. Topps, 293 Ill. App. 3d 39, 687 N.E.2d 106 (1997). The defendant does not contend on appeal that the evidence of his guilt was closely balanced; therefore, our inquiry focuses solely on the second prong of plain error.

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People v. Buckner, 831 N.E.2d 676, 358 Ill. App. 3d 529, 294 Ill. Dec. 726, 2005 Ill. App. LEXIS 583 (Ill. Ct. App. 2005).

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