People v. Chaffin

2021 IL App (1st) 200453-U
CourtAppellate Court of Illinois
DecidedSeptember 29, 2021
Docket1-20-0453
StatusUnpublished

This text of 2021 IL App (1st) 200453-U (People v. Chaffin) 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. Chaffin, 2021 IL App (1st) 200453-U (Ill. Ct. App. 2021).

Opinion

2021 IL App (1st) 200453-U

THIRD DIVISION September 29, 2021

No. 1-20-0453

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 FIRST JUDICIAL DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 10 CR 14137 (02) ) DARNELL CHAFFIN, ) Honorable ) Neera Walsh, Defendant-Appellant. ) Judge Presiding. _____________________________________________________________________________

JUSTICE McBRIDE delivered the judgment of the court. Justices Ellis and Burke concurred in the judgment.

ORDER

¶1 Held: Second-stage dismissal of defendant’s untimely post-conviction petition was proper where defendant failed to show that the delay in filing was not due to his culpable negligence, and where he failed to make a substantial showing of a constitutional violation.

¶2 Defendant, Darnell Chaffin, was convicted of armed robbery with a firearm after a jury

trial, and was sentenced to 21 years’ imprisonment. In this appeal, defendant challenges the denial

of his post-conviction petition at the second stage of proceedings.

¶3 The evidence elicited at defendant’s trial was set out in the Rule 23 order entered on

defendant’s direct appeal (People v. Chaffin, 2016 IL App (1st) 143962-U), and we will summarize No. 1-20-0453

that evidence below. Specifically, the record shows that defendant was arrested on July 20, 2010,

in connection with the armed robbery of Tedmund Gordon earlier that afternoon on South Kostner

Avenue in Chicago. Several attorneys entered appearances on defendant’s behalf throughout the

pre-trial proceedings, however defendant ultimately elected to represent himself during the jury

trial.

¶4 At trial, the victim, Tedmund Gordon, testified that at approximately 2:30 p.m. on July 20,

2010, he was approached by two men, one white and the other black, near Gladys and Kostner

Avenues in Chicago. Velasquez testified that the white man, later identified as Jovani Velasquez,

pointed a gun at Gordon’s chest and said, “Give me your money,” while the black man stood

approximately three feet behind Gordon. The men robbed Gordon of $840 in cash, before running

away in the same direction. During his testimony, Gordon identified the firearm that was used in

the armed robbery. When questioned by defendant on cross-examination, Gordon testified that

defendant, who is black, was not the black man who participated in the robbery.

¶5 Several police officers testified regarding the investigation into the offense. Their

testimony established that a Trailblazer matching the description of a vehicle connected to a

reported robbery on Kostner was stopped on Lake Street. Officers identified defendant as the front

passenger and co-defendant, Jovani Velasquez, as the rear driver side passenger. Police recovered

a loaded .38 caliber firearm from the Trailblazer and over $700 from defendant’s shoe. The officers

also testified that Gordon arrived at the scene of the traffic stop and spontaneously pointed to

defendant and Velasquez and identified them as the perpetrators. Later that day, Gordon identified

photographs of defendant and Velasquez as his assailants.

¶6 In the defense case-in-chief, defendant called Velasquez, who testified that he pleaded

guilty to armed robbery arising from this incident, but Velasquez denied that defendant was

2 No. 1-20-0453

involved. Velasquez claimed that he committed the robbery with two other individuals who were

found in the Trailblazer and that defendant was not with them when they were stopped.

¶7 Defendant testified that he “did not take any part in this robbery.” He claimed that he was

“snatched off the street by the police officers” and arrested after exiting the L train on his way to

a barber shop. Defendant testified that he knew Velasquez in high school, but denied that they

were friends.

¶8 In rebuttal, the State called an Assistant State’s Attorney who testified that during

Velasquez’s plea hearing, she asked Velasquez several questions regarding the facts of the offense

while he was under oath. Velasquez identified a photograph of defendant and confirmed that

defendant committed the robbery with him and was in the Trailblazer when it was stopped by

police.

¶9 Based on the above evidence, defendant was found guilty by a jury of armed robbery with

a firearm. Defendant was sentenced to six years for armed robbery, plus a mandatory 15-year

firearm enhancement, for a total aggregate sentence of 21 years’ imprisonment.

¶ 10 On direct appeal, this court rejected several claims raised by defendant, including, among

others, that the State failed to prove him guilty beyond a reasonable doubt, and that the State erred

in making comments in closing arguments that suggested that Gordon’s failure to identify

defendant at trial was the result of intimidation. Regarding the latter argument, this court explained

that, in examining the prosecutor’s argument that Gordon may have been intimidated to testify,

“intimidate” would be considered, not “in the criminal sense, but in its commonly understood

meaning,” specifically, “ ‘to make timid or fearful.’ ” Chaffin, 2016 IL App (1st) 143962-U, ¶ 56,

quoting Merriam–Webster's Collegiate Dictionary 613 (10th ed.1995). We found no error in the

prosecutor’s arguments, concluding that it was reasonable to argue that Gordon might be timid or

3 No. 1-20-0453

fearful when confronted and questioned directly by defendant, who, as stated above, represented

himself at trial.

¶ 11 On July 25, 2019, defendant filed a post-conviction petition, arguing that: 1) because he

was 17 years old at the time of the offense, the mandatory imposition of the 15-year enhancement

violated the Eighth Amendment and the Proportionate Penalties Clause of the Illinois Constitution;

2) he was denied due process because the State suppressed exculpatory evidence from Gordon;

and 3) the State made a false inference that Gordon had been intimidated by defendant or his

family. Defendant included an affidavit from Gordon, signed and notarized February 18, 2019, in

which Gordon averred that he told prosecutors that he was not contacted by defendant or his family

prior to trial and that defendant was not the man who robbed him.

¶ 12 On September 11, 2019, the State filed a motion to dismiss defendant’s post-conviction

petition, arguing that: 1) defendant’s filing was untimely where it was due in August 2018, six

months after the denial of his writ of certiorari, but it was not filed until July 2019; 2) defendant’s

petition was invalid because he failed to attach a verification affidavit; 3) res judicata barred

defendant’s claim about the State’s inferences regarding Gordon; 4) defendant failed to present an

as-applied proportionate penalties analysis regarding his challenge to his sentence; and 5)

defendant failed to demonstrate a due process or a Brady violation.

¶ 13 Defendant filed an amended petition for post-conviction relief on November 21, 2019,

which included a verification page and a transcript of the sentencing hearing. In the amended

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