People v. Campos

2024 IL App (2d) 230056-U

• Court: Appellate Court of Illinois
• Decided: April 5, 2024
• Docket: 2-23-0056
• Status: Unpublished

Opinion

2024 IL App (2d) 230056-U No. 2-23-0056 Order filed April 5, 2024

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 19-CF-1131 ) ALONZO CAMPOS, JR., ) Honorable ) James K. Booras, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE BIRKETT delivered the judgment of the court. Presiding Justice McLaren and Justice Jorgensen concurred in the judgment.

ORDER

¶1 Held: The evidence was sufficient to support defendant’s conviction for home invasion and defendant’s sentence for first degree murder was not excessive.

¶2 Defendant, Alonzo Campos, Jr., was convicted of the May 17, 2019, first-degree murder

(720 ILCS 5/9-1(a)(2) (West 2018)) of Mariana Castro-Tellez, a/k/a/ Mariana Reyes (Reyes) along

with home invasion (720 ILCS 5/19-6(a)(1) (West 2018)), for which he received consecutive terms

of imprisonment of 48 years and 25 years, respectively. On appeal, defendant challenges the

sufficiency of the evidence of his home invasion conviction, contending that no evidence was

adduced to prove that he entered Reyes’s residence without authorization. Defendant also 2024 IL App (2d) 230056-U

contends that his sentence for Reyes’s murder was excessive because it failed to account for his

potential for rehabilitation. We affirm.

¶3 I. BACKGROUND

¶4 We summarize the relevant facts appearing in the record. Reyes lived with her parents,

Andres and Consuelo Castro, in a residence located on Cherokee Drive in Round Lake Beach.

Reyes’s two children, Juan Reyes and Jessica Reyes also lived there. The house had a main floor

in which the kitchen was located, and an upper floor and a basement, in which Juan’s bedroom

was located.

¶5 During the winter of 2019, Juan Reyes purchased a BB rifle because he liked the look of

the gun. Juan did not purchase BB pellets for the gun, he did not personally discharge the gun,

and he was unaware that anyone else had ever shot the gun. He kept the BB rifle in his bedroom

in the basement, and he was unaware that it had ever been removed from his room. In addition,

Jessica testified that Juan kept the gun in his bedroom in the basement, and she had never observed

anyone shoot it.

¶6 Defendant resided in a home on Passavant Avenue in Round Lake Beach. Defendant’s

residence was about a half-mile from Reyes’s residence.

¶7 Juan and defendant attended the same high school during their sophomore year. During

the summer of 2018, they both worked together at a restaurant construction job. During that

summer, defendant drove Juan to their construction job several times a week. Five other people

worked on the construction job with them. Through school and the shared job, Juan was familiar

with defendant, his appearance, and his traits, such as how he moved and walked. In addition, the

two had socialized at each other’s homes.

¶8 Sometime toward the end of summer 2018, defendant asked Juan if he would pawn

defendant’s gaming console, a PlayStation 4, and give defendant the proceeds. Juan agreed and

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pawned the console, keeping the money and breaking off contact and communication with

defendant. Defendant tried to contact Juan by phone and through Facebook but was ignored.

¶9 During the evening of May 16, 2019, Reyes was preparing for a church retreat she planned

to attend the next day. Jessica testified that Reyes typically woke up around 6:30 a.m., and she

often woke up earlier than that for church retreats. Reyes would also typically unlock the front

door and start her car, return to the house to finish her preparations, and then leave for work.

¶ 10 Around 4:40 a.m., May 17, 2019, Jessica was awakened to the screams of Reyes. Jessica

saw Reyes come up the stairs and go into her grandparents’ room, crying for help and bleeding

heavily. Jessica had her dog with her in her bedroom, but the dog did not bark that night. The dog

had barked, however, when the home was broken into. Castro, Reyes’s father, testified

consistently with Jessica about Reyes’s final moments. The three family members, Juan, Jessica,

and Castro, all identified a kitchen knife as one the family used in cooking. The knife was

ordinarily kept in the kitchen, either in a drawer, or in or near the kitchen sink, drying after it had

been used.

¶ 11 The police collected evidence from the house. Two BB pellets were found on the kitchen

floor, and two BB pellets were found on the first two stairs leading up to the second floor. No BB

pellets or BB pellet containers were found in relation to Juan’s BB rifle, and no carbon dioxide

cartridges were found.

¶ 12 The evidence showed that Reyes had died from a stab wound to her heart. According to

Dr. Mark Witeck, the forensic pathologist who performed Reyes’s autopsy, she had a large stab

wound to her abdomen, and the knife pierced her heart, traveling from the bottom through the top,

and severing one of her coronary arteries. Such an injury was not instantaneously fatal, but death

would occur in several minutes as her heart continued to pump the body’s blood into her chest

through the wounds in her heart muscle. Witeck also observed that Reyes had four small abrasions

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around her chest and shoulder, and the abrasions were consistent with having been shot with BB

pellets.

¶ 13 The police also recovered surveillance camera recordings from the neighborhood

surrounding Passavant Avenue and Cherokee Drive. At around 4:25 a.m. to 4:35 a.m. on May 17,

2019, a man is seen walking toward Reyes’s home. From about 4:35 a.m. to 4:40 a.m., the subject

is seen running in the opposite direction, away from Reyes’s home. From about 4:40 a.m. to 4:49

a.m., the subject is seen walking and running through the neighborhood toward defendant’s

Passavant Avenue residence. Juan identified the subject as defendant, basing his identification on

the hair, the overall structure of the face observed in the recordings, the skin tone, and the way the

subject moved and walked. Juan testified that his familiarity with defendant’s appearance was

gained in great measure during the 25-30 hours each week they worked together in the summer of

2018, during which time Juan was able to observe defendant and his movements.

¶ 14 Gerardo Villanueva, a neighbor, testified that, at around 5:30 a.m. on May 17, 2019, he

discovered a knife in the grass in front of his house while he was waiting for a friend to pick him

up for work. Villanueva was concerned that neighborhood kids could hurt themselves with the

knife if they found it by the sidewalk, so he picked it up and tossed it over his fence and into his

front yard. When he returned home from work, he learned that the police had collected the knife

from his yard. The next day, Villanueva met with police and informed them that he had handled

the knife. He also showed police the spot where he originally found the knife before tossing it into

his yard.

¶ 15 Regarding the knife, Castro testified that he had purchased the knife, and Juan and Jessica

testified that they had seen it frequently used in meal preparation to chop vegetables and the like.

Testing on the knife revealed the presence of Reyes’s blood on the blade of the knife, and the

presence of genetic material from at least three contributors on the handle. Reyes could not be

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excluded as the contributor of the larger fraction, and defendant could not be excluded as the

contributor of the next fraction. The smallest fraction remained unattributed, and Villanueva was

excluded as a contributor to the genetic material on the knife handle.

¶ 16 Police quickly identified defendant as a suspect, and by the afternoon of May 17, 2019,

defendant was in custody. The police collected evidence from defendant’s Passavant Avenue

residence, including items that resembled those worn and carried by the figure captured on the

surveillance cameras early in the morning of May 17, 2019. In a ground-floor bedroom, police

collected a backpack, a realistic looking Beretta-brand BB gun that was under a pillow, carbon

dioxide cartridges, and a container of BB pellets. Testing on defendant’s pants and jacket revealed

some blood stains, but Reyes was excluded from contributing to any stains on defendant’s pants,

and the blood on defendant’s jacket was not suitable for testing. Defendant’s shoes did not have

blood on them. Reyes was excluded from contributing genetic material to the Beretta BB gun, but

defendant’s genetic material was not excluded from being one of the contributors on the trigger

guard.

¶ 17 Officer Aldin Ejupovic, of the Round Lake Beach police department, transported defendant

from the police department to the booking facility. Ejupovic’s squad car created a video recording

of defendant during the transportation to the booking facility. Ejupovic asked defendant his age,

and defendant replied, “Twenty. I didn’t mean to do it man. Do you think they will ever release

me?” Ejupovic indicated that he had not clearly heard what defendant said, and defendant again

replied, “I said do you think they’ll ever release me?”

¶ 18 The State also introduced a recorded telephone call defendant made from the Lake County

jail to his family. In it, defendant spoke with his father, mother, and two brothers. Defendant did

not expressly admit guilt from the offense. Defendant also did not express remorse over Reyes’s

death, only remorse for the difficulties his actions caused his family.

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¶ 19 Following the State’s case, defendant moved for a directed verdict. On the home invasion

charge, defendant argued that the State failed to prove that defendant knowingly without authority

entered Reyes’s dwelling because there was no evidence of a forced entry, and there was no

physical or forensic evidence that defendant was inside of the house or interacted with Reyes. The

trial court denied the motion for directed verdict.

¶ 20 In his case, defendant presented evidence of surveillance footage showing that, on May 13,

2019, Jessica and her boyfriend, Christopher Tinajero, were walking near the Reyes residence.

Jessica and Tinajero had skipped school that day, and Jessica brought Tinajero to her home. Other

footage from that day showed Tinajero walking alone in the Cherokee Drive neighborhood.

¶ 21 Following defendant’s case, the jury returned a general verdict of guilty of first-degree

murder, and it returned verdicts of guilty of home invasion based on armed with a dangerous

weapon and home invasion based on intentionally caused injury. Defendant filed a posttrial

motion for a new trial challenging, relevantly, the sufficiency of the evidence of his guilt for home

invasion. On February 7, 2023, defendant’s posttrial motion was denied.

¶ 22 Also on February 7, 2023, the trial court held a sentencing hearing. The only evidence

presented at the hearing consisted of a victim impact statement from Reyes’s brother, Raul Castro,

and a written statement by defendant’s family. Both statements were read in open court.

Following argument the court sentenced defendant to a 48-year term of imprisonment for murder

and a concurrent 25-year of imprisonment for home invasion. The court detailed its reasoning:

“I considered the contents of the presentence investigation report, considered the evidence

in aggravation, the evidence in mitigation, considered the facts adduced at trial, the

evidence in aggravation consisting of a victim impact statement, and the evidence in

mitigation consisting of a letter that was read into the record.

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I cannot consider the fact that the defendant has exhibited remorse, except in a

statement to a police officer. Furthermore, in terms of mitigation I cannot consider and

state that the defendant does not have a criminal record. It’s obvious from the presentence

investigation report, and that’s included, that the defendant has a criminal record. The

defendant was on probation at the time that this offense was committed. Threatened serious

harm to another, in other words, he caused the death of another individual. I don’t know

whether he did all of that under the influence of any drugs or alcohol, as [defense counsel]

alluded to, but I cannot say that for this the drugs or alcohol are blamed. Perhaps of his

mental state so far, I don’t know what alteration the drugs and alcohol have caused.

However, he did enter that home with the intent to commit harm. He entered that home

armed with a BB gun. Even though it may not be a firearm, it does—it is a dangerous

weapon. It can cause harm. And violated the—I have to agree with the State, the sanctity

of somebody’s house with—to collect a debt. All of that for a Play Station [sic]. How

futile were those actions? There is nothing to—no substantial grounds tending to excuse

or justify his actions that night.

The defendant, as I indicated, has a history of criminality, criminal conduct, and

has a history of misbehaving in the jail too. I cannot find on the record that the character

or attitude of the defendant indicates that he’s unlikely to commit another crime.

Furthermore, I have considered and discussed some of the factors in aggravation

when I enumerated the applicable factors in mitigation in that his conduct caused or

threatened serious harm and that he has a history of delinquency[,] of criminality. And that

there is a need to punish the defendant, as the State indicated, and deter others from

committing the same type of offense.

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The circumstances were such as that ripened into the killing of an individual. The

defendant did not retreat, did not get out of the house, did not run away when he saw that

someone was present in the house. He should have known that people were present in the

house. He found an opportunity to get in there and he was going to get his way and did not

hesitate in punching that knife into somebody’s heart, into the victim’s heart.

I think there is a sentence that’s necessary to be imposed upon this defendant in

order to protect the public and I indicated again and deter others from committing this type

of offense. Thus, under the aggravating nature of the circumstances I will sentence the

defendant to—for the offense of murder to 48 years in the Illinois Department of

Corrections, and the offense of home invasion to 25 years, both sentences to run concurrent

to one another.”

¶ 23 Defendant timely appeals.

¶ 24 II. ANALYSIS

¶ 25 On appeal, defendant contends that the evidence was insufficient to prove his guilt of home

invasion beyond a reasonable doubt because the proof of an element of the offense, that he entered

Reyes’s home without authority, was lacking. Defendant also contends that his sentence for first

degree murder was excessive. We address defendant’s contentions in turn.

¶ 26 A. Home Invasion—Sufficiency of the Evidence

¶ 27 Defendant challenges the sufficiency of the evidence regarding his conviction for home

invasion. When reviewing a challenge to the sufficiency of the evidence, the reviewing court

considers whether, viewing the evidence in the light most favorable to the prosecution, any rational

trier of fact could have found the essential elements of the offense beyond a reasonable doubt.

People v. Jones, 2023 IL 127810, ¶ 28. The reviewing court will not substitute its judgment for

that of the jury regarding the weight of the evidence or the credibility of witnesses, and it will not

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retry the defendant. Id. The reasonable inferences from the evidence must be drawn in favor of

the State, and the defendant’s conviction will not be overturned unless the evidence is so

unreasonable, improbable, or unsatisfactory as to justify a reasonable doubt. Id. Further, in

weighing the evidence, the jury is not required to elevate all possible explanations consistent with

innocence to a level of reasonable doubt. Id. ¶ 32.

¶ 28 The elements of home invasion as charged in this case are: defendant (1) who was not a

peace officer acting in the line of duty, (2) knowingly, and (3) without authority, (4) entered the

dwelling place of another, and (5) remained therein until (a) he knew or (b) had reason to know

that one or more persons was present, (6) and while armed with a dangerous weapon, (7) used

force upon a person within the dwelling place (count IV). 720 ILCS 5/19-6(a)(1) (West 2018).

Defendant was also charged with home invasion comprising the same first five elements as count

IV, and (6) intentionally caused injury to a person within the dwelling place (7) other than by

personally discharging a firearm (count V). 720 ILCS 5/19-6(a)(2) (West 2018).

¶ 29 Defendant does not challenge the sufficiency of the evidence for any of the elements of

home invasion except what we have denominated element (3), that he entered Reyes’s home

“without authority.” Thus, because defendant makes no argument that the evidence was

insufficient on any other element of home invasion except for “without authority,” and to the extent

such claims are raised, they are forfeited. Ill. S. Ct. R. 341(h)(7) (eff. Oct. 1, 2020) (“Points not

argued are forfeited”). 1

1 Likewise, defendant raises no issues and makes no arguments about his murder

conviction, thereby forfeiting any claims about the murder conviction. Ill. S. Ct. R. 341(h)(7) (eff.

Oct. 1, 2020).

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¶ 30 Defendant argues that the State failed to prove that he entered Reyes’s residence without

authority. Our supreme court has clearly expressed that the key consideration whether an entry

into another’s residence for purposes of home invasion is whether, at the time of entry, the

defendant intended to commit a criminal act. People v. Bush, 157 Ill. 2d 248, 254 (1993). The

court explained:

“No individual who is granted access to a dwelling can be said to be an authorized entrant

if he intends to commit criminal acts therein, because, if such intentions had been

communicated to the owner at the time of entry, it would have resulted in the individual's

being barred from the premises ab initio. [Citation.] Thus, the determination of whether

an entry is unauthorized depends upon whether the defendant possessed the intent to

perform a criminal act therein at the time entry was granted. [Citations.] If *** the

defendant gains access to the victim's residence through trickery and deceit and with the

intent to commit criminal acts, his entry is unauthorized and the consent given vitiated

because the true purpose for the entry exceeded the limited authorization granted.

Conversely, where the defendant enters with an innocent intent, his entry is authorized, and

criminal actions thereafter engaged in by the defendant do not change the status of the

entry.” Id. at 253-54.

¶ 31 Defendant argues that the State failed to prove that he entered Reyes’s home without

authority or that he possessed criminal intent at the time he entered. We disagree.

¶ 32 The most salient fact proved by the State is that defendant approached Reyes’s residence

armed with a BB gun. Further, defendant shot Reyes four times with the BB gun. From this, we

can strongly infer that defendant intended to commit criminal acts in Reyes’s home. Defendant

argues that “mere possession of a BB gun is not illegal,” citing People v. Carpenter, 368 Ill. App.

3d 288, 293 (2006), for the proposition that “[i]t is not a crime to possess a BB gun unless it is

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used in a dangerous manner.” Defendant overlooks the fact that the BB gun was used in a

dangerous manner—defendant shot Reyes four times with it. The possession of the BB gun

coupled with its dangerous usage strongly supports the jury’s determination that defendant entered

without authority.

¶ 33 Additionally, we note that the timing of the encounter suggests that defendant sought to

surreptitiously enter Reyes’s home. At approximately 4:25 a.m. on Friday, May 17, 2019,

defendant was captured on surveillance recordings approaching Reyes’s home. This time of early

morning was about an hour before sunrise, and few people would be about to witness defendant’s

approach. The evidence showed that Reyes was often an early riser, but typically arose around

6:30 a.m. There is no evidence that defendant had observed Reyes’s home just prior to the offense

or that he was aware of Reyes’s habits and usual times of awakening and departing for work.

Nevertheless, the predawn approach gives rise to the strong inference that he wished to avoid

detection and observation, and that he intended to reach Reyes’s home before its occupants were

stirring. This, too, supports an inference of malign intent, albeit not as strongly as defendant’s

arming himself with a BB gun. Taken together, the possession of the BB gun and the predawn

approach lead to the inference of criminal intent.

¶ 34 Moreover, while the circumstances of the encounter between Reyes and defendant within

Reyes’s house are not conclusive, they, too, lead to an inference of criminal intent. At a minimum,

defendant shot Reyes four times with the BB gun and used her kitchen knife to stab her in the

heart. This conduct demonstrates that defendant prepared for violence before entering the house,

and supports a strong inference that, when he entered Reyes’s home, he intended to engage in

criminal conduct.

¶ 35 Further, the brevity of the encounter, occurring in a few minutes between 4:30 and 4:40

a.m., because it suggests that immediately upon entering, the encounter turned violent, and that

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defendant was prepared for and intending violence. This inference is further borne out by

defendant’s choice to arm himself with his BB gun before approaching and entering Reyes’s home.

¶ 36 Based on these considerations, we conclude that the evidence is sufficient for a rational

trier of fact to have determined beyond a reasonable doubt that defendant entered Reyes’s home

without authority. Accordingly, we reject defendant’s argument.

¶ 37 Defendant argues that the State’s closing argument conceded that it was “not likely” that

defendant entered Reyes’s home intending to kill her. From this, defendant attempts to insinuate

that defendant had an innocent intent when entering, and he developed his criminal intent only

after he had entered the home. We disagree. Defendant need only have entered the home with

criminal intent, such as to do violence to Juan, or to steal something from inside the home—

defendant need not have entered the home intending to commit a murder. As noted, defendant’s

arming himself with a BB gun, the predawn approach, and the immediate escalation into violence

all strongly support the inference that defendant intended to engage in criminal conduct when he

entered Reyes’s home, even if he did not intend to commit murder.

¶ 38 Defendant argues that inferring a criminal intent is speculative because there was no sign

of forced entry, Jessica’s dog did not bark, and defendant had a legitimate dispute with Juan that

his visit to Reyes’s home could have been seeking to settle. As noted above, when weighing the

evidence, the jury is not required to elevate all possible explanations consistent with innocence to

a level of reasonable doubt. Jones, 2023 IL 127810, ¶ 32. The lack of a forced entry is explained

by the fortuity that Reyes arose earlier than usual to prepare for her church retreat beginning that

day. The dog’s failure to bark is unexplained in the record, but we note that the encounter was

brief, and defendant entered the house apparently without having to force open the door. That the

dog barked at a previous and apparently unrelated burglary attempt is perhaps explained by the

would-be burglar forcing open a door or window, where here, Reyes was moving about the house

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and defendant did not make an unusual disturbance when entering the home. Thus, the likely

explanation for the dog’s silence is reasonably inferable from the record. Defendant did have a

legitimate dispute with Juan about the proceeds from pawning defendant’s PlayStation. However,

the extremely early predawn encounter does not suggest that defendant visited Reyes’s home

innocently. Likewise, defendant’s choice to arm himself with a Beretta BB gun does not suggest

that he simply wished to peacefully discuss obtaining the proceeds from the pawning of the

PlayStation. Considering all of the circumstances, the jury was not required to forgo common

sense and common human experience and elevate specific facts over the picture painted by the

totality of the circumstances. We reject defendant’s argument.

¶ 39 Defendant specifically labels as speculative the State’s closing argument remarks that

defendant approached Reyes’s home with the intent to “do something to Juan, take something of

Juan’s, burglarize the house, steal something, take something back, find the money from the stolen

PlayStation.” Defendant instead characterizes his approach as “simply seeking to speak in person

with Juan or Juan’s mother, [Reyes], about a monetary dispute after Juan had admittedly ignored

[defendant’s] phone calls and Facebook messages asking about the issue.” Defendant, unlike the

jury, ignores the inconvenient circumstances that belie his claim: his choice to arm himself with

the Beretta BB gun (that looked like an actual firearm), the surreptitious approach under the cover

of the predawn darkness, and the brevity of the encounter once he arrived to meet with Juan, Reyes,

or whichever unfortunate family member happened to be present. These circumstances point to

the fact that defendant was prepared for and intending to commit violence upon arriving at Reyes’s

home. Further, these circumstances strongly point to the lack of innocent intent and the presence

of criminal intent to settle the PlayStation issue. A weapon is usually not taken to a meeting to

inquire about a debt, and such a meeting is usually scheduled in advance (to help ensure that the

debtor is both aware of and will be present for the meeting) rather than simply showing up at 4:30

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a.m. when the debtor is likely still in bed. These circumstances plus the fact that defendant’s

encounter with Reyes immediately escalated into unspeakable violence (as evidenced by the very

brevity of the encounter and the brief moments between defendant being recorded approaching

Reyes’s home and running from Reyes’s home towards his own home) indicate that defendant

possessed criminal intent which rendered his entry into Reyes’s home unauthorized.

¶ 40 Defendant argues that the State’s remark during closing arguments that he had “never been

invited into that house for any reason” was incorrect because Jessica testified Juan had previously

invited defendant into the home. From this, defendant attempts to insinuate that, because

defendant was familiar to the family, he must have entered Reyes’s home with authority.

Defendant’s insinuation is a non sequitur, and it fails to account for the facts of his choice to arm

himself with a BB gun and approach the house well before anyone was usually awake. This is the

sort of tangential argument which, while having some very slight bearing on an innocent

explanation as to defendant’s presence, the fact finder is not required to elevate to a level of

reasonable doubt. Jones, 2023 IL 127810, ¶ 32.

¶ 41 Defendant argues that the State did not present evidence that “proved circumstantially or

directly that [he] entered the residence without permission or with the intent to commit any

criminal action” because there was no evidence of a forced entry and the “only motive supported

by the evidence at trial was that defendant wanted to resolve the game console dispute.” This

claim is accomplished by ignoring the considerations we have consistently identified above: the

BB gun, the time of the approach, and the brevity of the encounter. This is circumstantial evidence

that squarely leads to the inference that defendant approached and entered the residence with

malign intent, planning to commit some sort of criminal act therein even if he did not set out

intending to kill Reyes. This evidence supports the reasonable inference that defendant’s entry

was without authority. We reject defendant’s contention.

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¶ 42 Defendant next turns to the limited authority doctrine, which provides that consent given

for a defendant’s entry is revoked by criminal actions committed after entry because the owner

would not have granted entry if he or she knew of the defendant’s criminal intentions. Bush, 157

Ill. 2d at 253-54. Authorization is thus determined at the time of the defendant’s entry: if the

defendant possessed a criminal intent at the time of entry, his entry is without authority, and if the

defendant possessed an innocent intent at the time of entry, his entry is with authority, and any

criminal actions committed thereafter do not change the status of the entry. Id. at 254.

¶ 43 We perceive that defendant is attempting to foreclose an argument that, because he engaged

in violence after he entered Reyes’s home, his entry is retroactively without authority. However,

we have analyzed the circumstances to discern whether the jury could reasonably infer that

defendant possessed a criminal intent at the time of his entry. Our determination thus comports

with defendant’s view—that the authority to enter is assessed by the defendant’s intent at the time

of his entry and is not affected by his criminal conduct after he has entered. Defendant further

reiterates his contentions that the evidence was one-sided and showed that he entered with an

innocent intent, and his criminal conduct once inside Reyes’s home should not vitiate either the

authority to enter or his original innocent intent. We have addressed those contentions above and

need not do so again. We do address the additional wrinkles raised by defendant.

¶ 44 Defendant focuses on trickery and deceit as a means to gain entry (People v. Peeples, 155

Ill. 2d 422, 488 (1993)), arguing that any inference that he used a deceitful ploy to gain entry would

be wholly speculative. We need not address this argument because the jury could reasonably infer

that defendant possessed a criminal intent upon entry, and that is sufficient to establish the “without

authority” element.

¶ 45 Defendant also argues that the predawn encounter is nothing unusual, because the time was

dictated by Reyes’s schedule, and the earliness was dictated by her attending a church retreat that

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day. This argument presupposes something entirely missing from the record: that defendant

arranged to meet Reyes that morning. This is precisely the speculation which defendant accuses

the State of engaging in during closing arguments and the jury of engaging in while determining

that his entry into Reyes’s home was without authority. The difference, of course, is that the

State’s argument and the jury’s determination are based on reasonable inferences arising from

evidence adduced at trial while defendant’s premise is based on no evidence in the record beyond

Reyes’s plan to attend a church retreat. We reject the premise and the argument.

¶ 46 Accordingly, we hold that the trier of fact could reasonably conclude beyond a reasonable

doubt that defendant entered Reyes’s home without authority.

¶ 47 B. Excessive Sentence

¶ 48 Defendant argues that his 48-year sentence for first degree murder is excessive. Defendant

bases his claim, not on a contention that the trial court misapplied any factors in aggravation or

mitigation, but on its purported failure to adequately consider his youth, his supportive family, his

substance abuse and mental health issues, and his rehabilitative potential. We begin by discussing

the principles that apply to our review.

¶ 49 The trial court has broad discretion in imposing a sentence, and its sentencing decision

receives great deference. People v. Alexander, 239 Ill. 2d 205, 212 (2010). Deference is given

because the court is in the best position to observe the defendant and the proceedings, and it has

the opportunity to weigh the relevant sentencing factors, such as the defendant’s credibility,

demeanor, general moral character, mentality, social environments, habits, and age. Id. at 212-13.

This deference also means that the reviewing court must not substitute its judgment for that of the

trial court because it would weigh the factors differently. Id. at 213. Therefore, a reviewing court

will not disturb a defendant’s sentence absent an abuse of discretion. Id. at 212. The trial court

abuses its discretion if it imposes a sentence that is greatly at variance with the spirit and purpose

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of the law or is manifestly disproportionate to the nature of the offense. Id. With these principles

in mind, we turn to defendant’s specific contentions.

¶ 50 As an initial matter, we note that defendant did not file a motion to reconsider sentence.

To preserve a claim of sentencing error, a defendant must make a contemporaneous objection and

file a written postsentencing motion raising the issues. People v. Hillier, 237 Ill. 2d 539, 544

(2010). Defendant, however, invokes the doctrine of plain error. For a defendant to obtain relief

under the plain error doctrine, the defendant must show error and then either that the evidence at

the sentencing hearing was closely balanced, or the error was so egregious as to deny the defendant

a fair sentencing hearing. Id. at 545.

¶ 51 Defendant argues that the evidence was closely balanced because he presented significant

mitigating evidence. Defendant also argues that he may circumvent forfeiture under the second

prong of plain error analysis, because the potentially excessive sentence affects his substantial

rights. We consider these contentions in reverse order.

¶ 52 Regarding second-prong analysis, defendant’s argument cuts too broadly—so broadly, in

fact, that it would make any excessive-sentencing claim reviewable under the second prong of the

plain error doctrine. A defendant may not simply state that, because the trial court’s sentencing

decision affects his or her fundamental right to liberty, any error committed by the court is

reviewable as plain error, because that would relegate the narrow doctrine of plain error (id.) to a

mere shibboleth intoned to avoid forfeiture. Because any sentencing error will arguably affect the

defendant’s liberty, determining whether the claimed error may be reviewed as plain error requires

a more in-depth analysis. People v. Rathbone, 345 Ill. App. 3d 305, 311 (2003). Here, defendant

simply recites that any and all sentencing issues affect a defendant’s substantial rights and must

therefore be excepted from the doctrine of forfeiture, citing People v. Owens, 377 Ill. App. 3d 302,

304 (2007). According to defendant, no further analysis is needed—if the claim of error involves

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sentencing, it is automatically reviewable as plain error. See People v. Falcon, 292 Ill. App. 3d

538, 541 (1997) (“whether a defendant’s sentence is properly imposed is generally a question that

concerns that defendant’s fundamental constitutional right to liberty” and thus merits plain error

review). We reject defendant’s contention, noting that we do not say that misapplications of the

law at sentencing are never reviewable as plain error, only that a defendant must provide some

rationale beyond “sentencing error” before we may consider whether the claimed error is

reviewable under the plain error doctrine. Rathbone, 345 Ill. App. 3d at 311 (the second prong of

plain error analysis is not a general saving clause and should be utilized only when the possible

error is so serious that its consideration is necessary to preserve the integrity of the judicial

process).

¶ 53 Turning to the first prong of plain error analysis, defendant argues that, because the

evidence was closely balanced, this issue is amenable to consideration under the plain error

doctrine. Once again, under the first prong of plain error, we may consider a forfeited issue if the

evidence at the sentencing hearing was closely balanced. Hillier, 237 Ill. 2d at 545. The defendant

bears the burden of persuasion, and, if the defendant fails to carry his or her burden, the procedural

default will be honored. Id. Regarding first prong plain error analysis, defendant specifically

argues:

“The excessiveness of [defendant’s] sentence is reversible under the first prong of

the plain error doctrine because ‘the evidence at the sentencing hearing was closely

balanced.’ [Id.] Although there was some aggravating evidence, the mitigating evidence

here, as described above, was significant. The evidence at sentencing was thus closely

balanced, and the Illinois Supreme Court has reviewed sentencing errors as plain error

under similar circumstances. See, e.g., People v. Kuntu, 196 Ill. 2d 105, 139-40 (2001)

(reviewing sentencing error under the first prong of plain error because the defendant

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presented considerable mitigating evidence); People v. Martin, 119 Ill. 2d 453, 458-59

(1988) (reviewing sentencing error under the first prong of plain error where the

aggravating evidence at sentencing was counterbalanced by ‘substantial mitigating

evidence’). [Defendant] is, therefore, entitled to relief under the first prong of the plain

error doctrine.”

We have reproduced the entirety of defendant’s argument regarding the first prong of plain error.

Defendant’s argument thus boils down to a claim that the trial court did not sufficiently consider

the evidence in mitigation presented at the sentencing hearing, and that it did not accord

appropriate weight to the evidence in mitigation.

¶ 54 Generally, a sentence falling within the statutory range is presumed to be proper. People

v. Burton, 2015 IL App (1st) 131600, ¶ 36. Defendant was eligible to be sentenced to a term of

imprisonment between 20 years and 60 years. 730 ILCS 5/5-4.5-20(a)(1) (West 2018). We note

that the State requested a 55-year sentence, and the defense requested a 40-year sentence. The

trial court sentenced defendant to a 48-year term of imprisonment, which was about at the mid-

point of the recommendations, and substantially less than the maximum allowable sentence.

¶ 55 We will not disturb a sentence falling within the statutory range for an offense unless the

trial court has abused its discretion. People v. Coleman, 166 Ill. 2d 247, 258 (1995). Where the

sentence falls within the statutory range, an abuse of discretion occurs where the court has imposed

a sentence that greatly varies from the spirit and purpose of the law or is manifestly

disproportionate to the nature of the offense (People v. Stacey, 193 Ill. 2d 203, 210 (2000)), or

where the sentence does not reflect adequate consideration relevant mitigation or the defendant’s

rehabilitative potential (People v. Cavazos, 2023 IL App (2d) 220066, ¶ 73). Nevertheless, so long

as it does not ignore relevant factors in mitigation or consider improper factors in aggravation, the

court possesses wide latitude in imposing a sentence. People v. Cavazos, 2023 IL App (2d)

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220066, ¶ 73. We also presume that the court has considered all relevant evidence in mitigation,

absent some affirmative indication to the contrary beyond the sentence itself. People v. Brown,

2017 IL App (1st) 142877, ¶ 64. The existence of mitigating factors neither requires the imposition

of the minimum sentence nor precludes the imposition of the maximum sentence, rather, the court

must balance all relevant factors and reach a reasoned decision about the appropriate punishment

in each case. People v. Flores, 404 Ill. App. 3d 155, 158 (2010).

¶ 56 First and foremost, defendant’s argument for first prong plain error review mirrors his

argument regarding second prong review. Defendant argues that the presence of mitigating

evidence renders the evidence presented at the sentencing hearing closely balanced, and thus, the

matter is susceptible to first prong plain error review. This argument is too broad and threatens to

render the narrow plain error doctrine into nothing more than a meaningless rote recitation of

magic words to secure review for forfeited sentencing issues—some deeper analysis is necessary

to show how the evidence is closely balanced beyond the mere existence of mitigating evidence.

See Rathbone, 345 Ill. App. 3d at 311 (the plain error doctrine should not be a general saving

clause permitting review of forfeited arguments without first providing more in-depth analysis).

Because defendant’s argument only asserts without demonstrating that the evidence was closely

balanced, it fails to persuade.

¶ 57 In addition, at the sentencing hearing, the trial court noted that it considered the presentence

investigation report (PSI), the evidence adduced at trial, the factors in aggravation and mitigation,

and the evidence presented at the sentencing hearing consisting of a victim impact statement

(evidence in aggravation) and a letter from defendant’s family (evidence in mitigation). The court

expressly articulated that certain factors in mitigation were not present, including that defendant

did not exhibit remorse, that defendant lacked a criminal record, defendant’s conduct did not

threaten serious harm to another, that defendant was experiencing a serious mental illness at the

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time of the offense, that defendant’s mental health was affected by drug and alcohol usage, that

defendant was unlikely to commit another crime, or the situation was unique and would not recur,

that he had a history of misbehaving in jail, and there were no grounds to excuse defendant’s

conduct. See 730 ILCS 5/5-5-3.1 (West 2022). The court also noted that, in aggravation, the

evidence showed that he had a history of criminal conduct, he intended to cause harm, and

defendant was on probation at the time of the offense. See 730 ILCS 5/5-5-3.2 (West 2022). The

trial court also considered the circumstances of the crime, its seriousness, and the necessity to deter

others from committing the same type of offense and to punish defendant for his conduct. It then

imposed a 48-year sentence for murder, which was about halfway between the sentences suggested

by the parties (40 years from the defense and 55 years from the State).

¶ 58 Defendant contends that the trial court did not properly evaluate factors such as defendant’s

youth, “his insignificant criminal record,” his supportive family, and his rehabilitative potential as

illustrated by his “demonstrated ability” to work to improve his mental health and substance abuse

issues. Defendant first contends that, because the court did not expressly mention his age at the

time of the offense, it had failed to adequately consider his youth. However, the court is not

required to detail for the record the process by which it arrived at appropriate penalty. People v.

La Pointe, 88 Ill. 2d 482, 493 (1981). The court considered the evidence and the prescribed factors

and circumstances, and it delivered a reasoned explanation regarding its sentencing determination.

The court was well aware of defendant’s age, and we reject his contention.

¶ 59 Defendant next contends that the trial court improperly considered defendant’s mental

health and substance abuse issues, again, because they were not expressly analyzed as such.

Defendant argues that the court’s statement that it could not tell how seriously defendant was

affected by substance abuse issues at the time of the offense means that it rejected all consideration

of these issues when crafting defendant’s sentence. We disagree. At trial, defendant’s version of

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the offense was that the evidence tying him to scene was lacking, he was not present at the murder,

and someone else, like Jessica’s boyfriend, may have committed the murder thus explaining the

lack of evidence of a violent entry into Reyes’s home. At sentencing, defendant highlighted the

mental health issues and substance abuse issues contained in the PSI. The trial court recessed after

the parties argued and, when it returned, it expressly noted that it had considered defendant’s PSI

in reaching its sentencing decision. The substance abuse and mental health issues were discussed

fully in the PSI (which included reports from defendant’s juvenile cases), and the court clearly

articulated that it had reviewed and considered the contents of the PSI. Defendant’s argument

boils down to a dissatisfaction with the weight accorded his mental health and substance abuse

issues. Defendant overlooks that, while mental health and substance abuse issues may be

mitigating, they may also be aggravating depending on how they are viewed. People v. Madej,

177 Ill. 2d 116, 138-39 (1997). Here, it is reasonable to infer that defendant had some substance

abuse issues and mental health issues, and it is reasonable to infer that defendant was not taking

advantage of the treatment opportunities given to him. It was thus within the court’s discretion to

view these issues as mitigating, aggravating, or even largely neutral. We therefore perceive no

abuse of discretion in failing to accord these issues primary weight in the trial court’s sentencing

explanation, and we ourselves will not, and may not, reweigh the sentencing factors. Cavazos,

2023 IL App (2d) 220066, ¶ 74. We reject defendant’s contention.

¶ 60 Defendant contends that his criminal history was minimal. Defendant’s juvenile

adjudications involved familial violence fueled or aggravated by substance abuse. In 2018,

defendant was apparently looting cars, for which he entered a negotiated guilty plea. He was on

probation for his adult conviction at the time of the instant offense. While we agree that

defendant’s criminal history does not show him to be “a sober-minded, cunning, malicious

psychopath,” he nevertheless possessed a criminal history which the trial court duly considered.

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Indeed, the trial court stated, “in terms of mitigation I cannot consider and state that the defendant

does not have a criminal record. It’s obvious from the [PSI] report, and that’s included, that the

defendant has a criminal record.” In discussing factors in aggravation, the court stated that

defendant “has a history of delinquency of [sic] criminality,” and elaborated no further. Once

again, we conclude that defendant is complaining about the weight accorded his criminal history,

but, from the court’s remarks, it does not appear that the court over- or under-emphasized

defendant’s criminal history. We perceive no abuse of discretion, and we will not substitute our

judgment for that of the trial court to reweigh this factor. Id.

¶ 61 Defendant last contends that the trial court did not appropriately consider defendant’s

rehabilitative potential. He suggests that the 48-year sentence improperly devalued that potential

which was evidenced by his attainment of a high school equivalency certificate and his family’s

representations about defendant valuing sobriety, as well as his making strides toward stable

employment and housing following his receipt of mental health and substance abuse services

following his encounters with the juvenile justice system. While this is, of course, encouraging,

we note that the most important factor in fashioning the appropriate sentence is the seriousness of

the offense. Flores, 404 Ill. App. 3d at 159. Indeed, a defendant’s rehabilitative potential is not

entitled to receive greater weight in the court’s sentencing calculation than the seriousness of the

offense. Alexander, 239 Ill. 2d at 214.

¶ 62 Defendant went to Reyes’s home intending harm. He was armed with a BB gun, which he

used in his fatal encounter with Reyes. He also grabbed a knife he found in Reyes’s kitchen and

stabbed her through the heart. Reyes died in front of her parents and teenage daughter. The victim

impact statement emphasized the effect on Reyes’s family. We conclude that the offense in this

case, the senseless taking of Reyes’s life, was of the utmost seriousness.

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¶ 63 We further note that defendant’s argument would require us to reweigh the evidence and

substitute our judgment for that of the trial court, as well as exalting his rehabilitative potential

over everything else and deprecating the seriousness of the offense. This we cannot and will not

do. Id. at 214-15. The trial court gave a clear and reasoned explanation as to how it fashioned

defendant’s sentence. That sentence was within the appropriate statutory range, considered the

seriousness of the offense, considered the factors in mitigation and aggravation, and was not

contrary to the spirit and purpose of the law or manifestly disproportionate to the nature of the

offense being some 12 years less than the maximum, and 8 years less than the State’s

recommendation. We discern no abuse of discretion.

¶ 64 Because the trial court did not abuse its discretion in fashioning defendant’s sentence,

defendant is unable to show an error, which is the first step in any sort of plain error analysis.

Hillier, 237 Ill. 2d at 545 (to obtain relief under the plain error doctrine, a defendant must first

show that the trial court erred). In the absence of such a demonstration that the court erred in

passing sentence upon defendant, we honor the procedural default. Accordingly, we hold that

defendant forfeited his sentencing contentions on appeal.

¶ 65 Defendant also seeks to evade forfeiture by contending that his counsel was ineffective for

failing to perfect his sentencing issue by lodging a contemporaneous objection and filing a

postsentencing motion. In order to prevail on a claim for ineffective assistance of counsel, the

defendant must show that counsel’s performance fell below an objective standard of

reasonableness and that counsel’s deficient performance resulted in prejudice. People v. Rollins,

2024 IL App (2d) 230372, ¶ 20. Prejudice, in this context, means a defendant must demonstrate

there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would

have been different. Id. Here, we have determined that the trial court did not abuse its discretion

in passing sentence upon defendant. Thus, counsel’s failure to preserve the claimed sentencing

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errors cannot have caused prejudice as there was no abuse of discretion in the court’s sentencing

decision. Defendant cannot prevail on his claim that counsel provided ineffective assistance, and

he cannot evade the bar of forfeiture.

¶ 66 III. CONCLUSION

¶ 67 For the foregoing reasons, we affirm the judgment of the circuit court of Lake County.

¶ 68 Affirmed.

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