People v. DeBusk

595 N.E.2d 1156, 231 Ill. App. 3d 229, 172 Ill. Dec. 486, 1992 Ill. App. LEXIS 915
Appellate Court of Illinois·Decided June 10, 1992·No. 1—87—3699, 1—88—0312 cons.·Published·Cited by 8 cases

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a joint jury trial, codefendants, William DeBusk and Edward Shriner, were convicted of home invasion (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 11) and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2). DeBusk was sentenced to 25 years’ imprisonment, and Shriner was sentenced as an habitual offender to a term of natural life in prison. On appeal, Shriner asserts that (1) the trial court erred in not granting defense counsel’s request that another attorney be appointed to represent him due to a conflict of interest; (2) he was denied his sixth amendment right to self-representation when the trial court refused to allow him to proceed pro se during the hearing on the pretrial motions; (3) he was denied a fair trial due to numerous implications of prior criminal conduct; (4) his conviction must be reversed because the jury instructions for armed robbery omitted a mental state, which is an essential element of the crime; (5) he was improperly sentenced to natural life imprisonment because the Federal bank robbery statute used as a predicate offense requires proof of only an attempted armed robbery and is therefore not equivalent to an Illinois Class X offense; (6) he was denied his right to counsel at the habitual offender hearing because there was no valid waiver of counsel; (7) the finding of habitual criminality against him must be reversed because the State failed to prove that the second predicate offense was committed after his first conviction; (8) the habitual criminal statute is unconstitutional because it violates the United States Constitution’s due process clause, eighth amendment, and separation of powers doctrine; and (9) the habitual criminal statute is unconstitutional because it violates the Illinois and United States Constitutions’ prohibitions of ex post facto laws and double jeopardy.

Codefendant DeBusk asserts on appeal that he was denied a fair trial because (1) the jury instructions for armed robbery omitted a mental state, which is an essential element of the crime; (2) there were numerous implications of prior criminal conduct; (3) codefendant Shriner used prejudicial pro se tactics; and (4) codefendant Shriner’s persistent questions about the presence of a third intruder equaled an admission of his own and DeBusk’s guilt. DeBusk also asserts that his trial was so prejudiced that it constituted plain error when codefendant Shriner’s questions on cross-examination elicited details of the emotional trauma suffered by the victims. DeBusk later adopted Shriner’s argument that the trial court erred in not granting defense counsel’s request that another attorney be appointed to represent Shriner due to a conflict of interest.

Defendants were arrested on April 2, 1986, and jointly indicted for home invasion, two counts of armed robbery, residential burglary, two counts of armed violence, and unlawful restraint. Additionally, DeBusk was charged with unlawful use of a weapon. The State nolprossed all the charges except home invasion and two counts of armed robbery before the trial began. After trial, a jury found both defendants guilty of home invasion and armed robbery. We affirm in part and reverse in part.

Prior to trial, defendants were jointly represented by assistant public defender Vincent Lufrano. On December 8, 1986, Lufrano informed the trial court that Shriner wanted to move for appointment of counsel other than the public defender. The trial court did not allow the motion to be made at that time. On January 22, 1987, and again on June 15, 1987, several months before the November 1987 trial, Lufrano requested that the public defender conflicts division be appointed to represent Shriner. Lufrano alleged that there was a conflict between defendants’ defenses, that Shriner was exercising undue influence over DeBusk, that Shriner had made pretrial statements implicating DeBusk, and that there was evidence that was admissible against Shriner but not against DeBusk. Because both Shriner and DeBusk stated that they wanted the same attorney, the trial judge refused to appoint the conflicts division. Lufrano then made an oral motion requesting leave to withdraw, but the trial judge did not rule on the motion. Without elaboration, Lufrano represented to the trial judge that there were inconsistent and conflicting defenses for DeBusk.

On June 23, 1987, Lufrano again requested that the public defender conflicts division be assigned to Shriner because of his statement implicating DeBusk. After both Shriner and DeBusk objected to a severance, the State represented that Shriner’s statement would not be used against DeBusk. Lufrano then stated that the sole basis of his motion concerned evidence that was admissible against Shriner that was not admissible against DeBusk.

At that time, Shriner requested a new attorney because of a conflict between him and Lufrano. When Lufrano represented that he would file a written motion for severance based on Shriner’s influence over DeBusk, DeBusk stated that he understood his waiver and that he did not want a severance. Consequently, the trial court found that there were no substantial grounds presented for a new attorney.

Lufrano filed a motion for severance on July 7, 1987, alleging that Shriner exerted extreme and harmful influence over DeBusk, that Shriner had made statements implicating DeBusk, that there was evidence admissible against Shriner but not admissible against DeBusk, and that DeBusk could not raise the defense of compulsion. DeBusk stated that he did not want a severance and did not feel that his relationship with Shriner would deprive him of a fair trial. The trial judge denied the motion. Lufrano again requested that the conflicts division be appointed and the trial judge denied the request.

In a letter prior to September 21, 1987, Shriner informed the trial court that he intended to discharge his attorney. During his September 21, 1987, court appearance, Shriner requested to proceed pro se. After the court’s admonishments, Shriner persisted in his request, but wanted co-counsel to assist him. Shriner then told the trial judge that he preferred an attorney other than the public defender. The trial court stated that his request was too late and ruled that Lufrano would represent both Shriner and DeBusk at the pretrial motions to quash arrest, suppress evidence, and suppress statements. The trial judge indicated that he would rule on Shriner’s pro se motion after the pretrial motions had been determined. Lufrano again made an oral motion for severance, which the trial judge denied because neither Shriner nor DeBusk wanted it.

Shriner filed a pro se motion to quash arrest and suppress evidence. He requested that the trial court proceed on his motion instead of Lufrano’s motion. After examining both motions, the trial court concluded that they were identical and then proceeded on Lufrano’s motion.

At Lufrano’s motion to quash arrest, Detective Michael R. Prunty of the Du Page County sheriff’s department testified that on April 1, 1986, he and two other officers spoke to Dr. Salvador Berakus and his wife, Darlene, about a recent home invasion. The Berakuses gave Prunty a description of the two men as well as the license plate number and description of their getaway car. A check of the license plate’s registration indicated that the car was registered to Terrence Maloney.

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People v. DeBusk, 595 N.E.2d 1156, 231 Ill. App. 3d 229, 172 Ill. Dec. 486, 1992 Ill. App. LEXIS 915 (Ill. Ct. App. 1992).

595 N.E.2d 1156 (People v. DeBusk) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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