People v. Coleman

927 N.E.2d 304, 399 Ill. App. 3d 1150, 339 Ill. Dec. 763, 2010 Ill. App. LEXIS 352
CourtAppellate Court of Illinois
DecidedApril 16, 2010
Docket4-08-0682
StatusPublished
Cited by12 cases

This text of 927 N.E.2d 304 (People v. Coleman) 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. Coleman, 927 N.E.2d 304, 399 Ill. App. 3d 1150, 339 Ill. Dec. 763, 2010 Ill. App. LEXIS 352 (Ill. Ct. App. 2010).

Opinion

JUSTICE POPE

delivered the opinion of the court:

In April 2007, the State charged defendant, Ta’Rhon Coleman (born June 11, 1990), with one count of armed robbery with a firearm (720 ILCS 5/18 — 2(a)(2) (West 2006)). In an amended information filed in November 2007, the State charged defendant with armed robbery with a firearm (720 ILCS 5/18 — 2(a)(2) (West 2006)), armed robbery with a dangerous weapon (720 ILCS 5/18 — 2(a)(1) (West 2006)), and armed violence with a category I weapon predicated on the offense of robbery (armed violence) (720 ILCS 5/33A — 2(a) (West 2006)).

In April 2008, a jury found defendant guilty of armed robbery with a firearm and armed violence. In September 2008, the trial court sentenced defendant to 15 years’ imprisonment on his conviction for armed violence. Defendant appeals, arguing (1) his trial counsel was ineffective for eliciting testimony from defendant regarding his prior juvenile conviction, and (2) the sentence for armed violence predicated on robbery as compared to the sentence for armed robbery with a firearm violates the proportionate-penalties clause of the Illinois Constitution. We vacate defendant’s sentence and remand.

I. BACKGROUND

At approximately 8 p.m. on March 13, 2006, Pizza Hut deliveryman Kim Willis arrived at 12 South State Street in Danville to deliver two pizzas. Two teenage boys were waiting outside the house when Willis arrived. As Willis approached the house with the pizzas and a soda, one of the boys walked up to him and produced a gun. The boy demanded Willis’s wallet, which contained approximately $50. Willis handed him the wallet, and the boy told him to get back in the car and drive away. The pizza boxes and soda were left scattered on the sidewalk in front of the house.

Willis returned to his car but tried to keep an eye on the two boys as they ran away from the scene. He stopped watching them after one of the boys turned around and pointed the gun at him. Willis called the Pizza Hut and the police as he drove to a nearby gas station. Less than 10 minutes later, he returned to the house to meet police.

Officer Keith Garrett was a City of Danville police officer who interviewed Willis at the scene of the robbery. According to Officer Garrett, Willis described the boy with the gun as approximately 6 feet 2 inches with an athletic build and wearing a puffy coat. The other boy was approximately 6 feet tall and was also wearing a puffy down coat. Willis could not remember if the subject with the gun was wearing glasses.

Approximately one year after the robbery, the crime lab notified Officer Garrett of a fingerprint match on one of the pizza boxes at the scene of Willis’s robbery. Officer Garrett went to Willis’s residence with a photo array of six pictures, including a picture of defendant. Defendant was not wearing glasses in the picture. Willis did not identify defendant from the photo array. In April 2007, defendant was arrested and charged with armed robbery with a firearm. Additional charges were added later, as stated above.

At his April 2008 trial, defendant testified he is 6 feet 3 inches and weighs approximately 180 pounds. He has worn glasses since he was a child, and he is unable to drive without them. On the night of the robbery, defendant borrowed a friend’s car and drove to 12 South State Street, the scene of the robbery, where his old friend Michael Hettinger had previously lived. Defendant had not seen Hettinger since 2005 and did not know whether Hettinger still lived there. Two police officers testified the house had been vacated by the Rettingers between two and six months prior to the robbery and was vacant on the evening in question.

According to defendant, when he arrived at the house, he saw two pizza boxes next to the front steps. He picked them up and approached the dark house. When no one answered the door, he set the boxes down and left. Defendant estimated he was at the house for less than one minute.

At defendant’s trial, the following exchange occurred between defendant and defense counsel:

“[COUNSEL]: Now, Ta’Rhon, you’ve been in trouble before?
[DEFENDANT]: Yes.
[COUNSEL]: Do you have a criminal record?
[DEFENDANT]: Yes.
[COUNSEL]: One of the cases that you had was a robbery; is that correct?
[DEFENDANT]: Yes.
[COUNSEL]: That was back in ’04, ’05?
[DEFENDANT]: Yes.
[COUNSEL]: And you have served time in the Department of Corrections [(DOC)]?
[DEFENDANT]: Yes.
[COUNSEL]: All right. I just want to make sure the jury all understands that.”
The State asked the following questions on cross-examination:
“[THE STATE]: You say you paroled in February of ’05, right?
[DEFENDANT]: Yes.
[THE STATE]: So you had been out for a good 14 months at the time March 13th rolls around?
[DEFENDANT]: Out of [DOC] I got incarcerated again from November, 2005, to the middle of January, 2006, and I got released.
[THE STATE]: But you were out before November of 2005 for a good several months?
[DEFENDANT]: No. I was back incarcerated in 2005 in November. I got out in January.”

On redirect, the jury learned defendant was also incarcerated in February 2007. In closing argument, both the State and defense counsel mentioned to the jury that defendant had been in trouble before. The jury found defendant guilty of armed robbery and armed violence, and defendant was sentenced as stated.

This appeal followed.

II. ANALYSIS

A. Ineffective Assistance of Counsel

Defendant argues his trial counsel was ineffective for eliciting testimony from defendant regarding his prior juvenile conviction.

To show ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 687, 80 L. Ed. 2d 674, 693, 104 S. Ct. 2052, 2064 (1984), a defendant must show

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Bluebook (online)
927 N.E.2d 304, 399 Ill. App. 3d 1150, 339 Ill. Dec. 763, 2010 Ill. App. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coleman-illappct-2010.