People v. Duffie

550 N.E.2d 691, 193 Ill. App. 3d 737, 140 Ill. Dec. 806, 1990 Ill. App. LEXIS 165
CourtAppellate Court of Illinois
DecidedFebruary 9, 1990
Docket2-88-0408
StatusPublished
Cited by12 cases

This text of 550 N.E.2d 691 (People v. Duffie) 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. Duffie, 550 N.E.2d 691, 193 Ill. App. 3d 737, 140 Ill. Dec. 806, 1990 Ill. App. LEXIS 165 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE UNVERZAGT

delivered the opinion of the court:

Following a jury trial, on February 24, 1988, defendant, Cedric Duffie, was convicted of: (1) armed violence in that, defendant, while armed with a pistol, committed aggravated battery by shooting Steven Anthony in the leg, causing great bodily harm (count IV); (2) armed violence in that, defendant, while armed with a pistol, committed aggravated battery by shooting Steven Anthony in the leg while he was on a public way (count VIII); and (3) armed violence in that, defendant, while armed with a pistol, committed aggravated battery by shooting Terry Walls in the leg while he was on a public way (count X). Defendant was acquitted of attempted murder as alleged in counts V and VI of the information. The other counts were nolprossed. On April 22, 1988, the trial court sentenced defendant on counts IV and X, and imposed concurrent, extended terms of 45 years’ imprisonment for each of the two counts.

Defendant appeals his convictions and sentences, contending that (1) defendant was denied his right to a fair trial because the jury was given inconsistent and contrary instructions regarding the required elements of armed violence; and (2) the trial court improperly considered the infliction of bodily harm as a factor in aggravation in imposing sentence where bodily harm is a factor implicit in the offense of armed violence premised upon aggravated battery. We affirm.

At trial, the evidence established that the Walls family resided at 931 McAlister Street in Waukegan, Illinois. Defendant’s family lived two blocks away at 840 South Utica Street. The two families had a hostile relationship over a substantial period of time. In June 1987, defendant and his brothers, Offiel and Zakee Duffie, approached James Walls. The Duffie brothers were looking for James’ brother, Larry. Defendant claimed that Larry owed defendant’s niece some money. James Walls testified that defendant had told him he was looking for his brother to “mess him up.” An argument ensued which erupted into a fight. James testified that, after the fight, defendant said, “Tell your brother I’m looking for him to kill him. I’m not just gonna hurt him.”

On June 21, 1981, the Walls were having a family barbecue at their home. Terry Walls testified that, at about 2 p.m., a black van drove by the home passing by the car in which Terry was sitting at about five feet away. Terry stated that defendant started firing six to eight shots from a sliding door in the back of the van. One of the shots struck Steven Anthony in the leg. One shot struck the window of the car in which Terry was seated; a piece of lead struck Terry’s arm, and a piece of glass struck his knee.

At trial, Terry and Mark Walls and their cousin, Mildred Smith, identified defendant as the individual who had fired the shots from the van. Officer Martinez stated that the police who responded to the incident found in the rear of the Duffie residence a black van matching the description reported to them; the van was impounded.

Florida Duffie, defendant’s mother, stated that defendant was asleep in the basement bedroom of their home at the time of the incident. Defendant’s brother, Demetrius, testified that, on the same day, Mark Walls had driven by his house in a white car and yelled, “We’re going to get you guys.”

Louis Woods testified that he was the owner of the black van. On the day in question, it was in the possession of Demetrius Duffie, who held it as collateral for a loan to Woods.

Officer Louis Moore testified that he interviewed Mark Walls following the incident. Mark informed him that one of the Duffies had a handgun in his hand and started shooting at the crowd. After their conversation, Mark identified defendant’s photograph from a photographic lineup and stated that defendant was the one who had shot at him.

Defendant was eventually arrested in Dallas, Texas.

Defendant first argues that the trial court erred in giving the jurors non-Illinois Pattern Jury Instruction forms (non-IPI or IPI) which omitted an element of the offense of armed violence and allowed them to find defendant guilty of the offense without specifying the mental state required for that offense. Defendant claims that the verdict forms were inconsistent or contradictory to the issues instructions regarding armed violence and aggravated battery. Defendant concedes that the jury was properly instructed by the appropriate IPI instructions regarding the definitions and elements of armed violence, which stated:

“To sustain the charge of armed violence, the State must prove the following propositions:
First: That the defendant committed the offense of aggravated battery; and
Second: That when he committed the offense of aggravated battery he was armed with a dangerous weapon.
If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty.
If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.” Illinois Pattern Jury Instructions, Criminal, No. 11.20 (2d ed. 1981) (hereinafter IPI Criminal 2d).

The jury was also given the appropriate IPI instructions regarding the definitions and elements of aggravated battery. For instance, the definitional instructions stated:

“A person commits the offense of aggravated battery when he, in committing a battery, knowingly causes great bodily harm to the person harmed.” (IPI Criminal 2d No. 11.07.)
“A person commits the offense of aggravated battery when he, in committing a battery, commits the battery upon a person who is on or about a public way, public property, or public place of accommodation or amusement.” (IPI Criminal 2d No. 11.09(10).)
“A person commits the offense of battery when he, knowingly without legal justification and by any means causes bodily harm to another person.” (IPI Criminal 2d No. 11.05.)

Pursuant to the foregoing instructions, the jury could find the defendant guilty of armed violence only if the prosecution proved beyond a reasonable doubt that he acted knowingly.

However, the jury was also given the following non-IPI verdict forms:

“We, the jury, find the defendant, Cedric Duffie, guilty of the offense of Armed Violence for causing great bodily harm to Steven Anthony with a dangerous weapon.
We, the jury, find the defendant, Cedric Duffie, Guilty of the offense of Armed Violence for causing great bodily harm to Terry Walls while Terry Walls was on the public way with a dangerous weapon.”

The foregoing verdict forms differ somewhat from the Illinois Pattern Jury Instructions, which would have simply normally stated the title of the offense:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Garry
Appellate Court of Illinois, 2001
People v. Tracy
683 N.E.2d 182 (Appellate Court of Illinois, 1997)
People v. Damiano
663 N.E.2d 607 (New York Court of Appeals, 1996)
People v. LeCompte
632 N.E.2d 612 (Appellate Court of Illinois, 1994)
People v. Norfleet
630 N.E.2d 1231 (Appellate Court of Illinois, 1994)
People v. Pertz
610 N.E.2d 1321 (Appellate Court of Illinois, 1993)
People v. Arnold
577 N.E.2d 1355 (Appellate Court of Illinois, 1991)
People v. Mikell
577 N.E.2d 1300 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
550 N.E.2d 691, 193 Ill. App. 3d 737, 140 Ill. Dec. 806, 1990 Ill. App. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duffie-illappct-1990.