People v. Flynn

2021 IL App (4th) 200172-U
CourtAppellate Court of Illinois
DecidedOctober 1, 2021
Docket4-20-0172
StatusUnpublished

This text of 2021 IL App (4th) 200172-U (People v. Flynn) 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. Flynn, 2021 IL App (4th) 200172-U (Ill. Ct. App. 2021).

Opinion

NOTICE 2021 IL App (4th) 200172-U This Order was filed under FILED October 1, 2021 Supreme Court Rule 23 and is NO. 4-20-0172 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate IN THE APPELLATE COURT Court, IL under Rule 23(e)(1).

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Mason County CHARLES A. FLYNN, ) No. 19CF67 Defendant-Appellant. ) ) Honorable ) Alan D. Tucker, ) Judge Presiding.

JUSTICE TURNER delivered the judgment of the court. Justices Cavanagh and Steigmann concurred in the judgment.

ORDER

¶1 Held: The trial court’s judgment is affirmed as defendant forfeited the issues raised on appeal.

¶2 In December 2019, a jury found defendant Charles A. Flynn guilty of burglary

(720 ILCS 5/19-1(a) (West 2018)), theft (over $500 but less than $10,000) (720 ILCS

5/16-1(a)(1), (b)(4) (West 2018)), and criminal trespass to a motor vehicle (720 ILCS 5/21-2

(West 2018)). In January 2020, the trial court sentenced defendant to concurrent prison terms of

17 years for burglary and 5 years for theft. In addition, the court sentenced defendant to 191

days of jail for criminal trespass to a motor vehicle. Defendant received credit for 191 days

served. Defendant appeals, arguing the trial court did not properly admonish some of the

potential jurors pursuant to Illinois Supreme Court Rule 431(b) (eff. July 1, 2012) and abused its

discretion in sentencing defendant because it did not consider his mental health in mitigation. We affirm.

¶3 I. BACKGROUND

¶4 During the jury selection process at defendant’s trial, the trial court told all the

potential jurors defendant was presumed innocent, did not have to put on any evidence, and bore

no burden of proof. The court also told the potential jurors: “the defendant may testify in this

case or he may not testify in this case, he has the right to remain silent, and if he elects not to

testify in that case, you cannot place any emphasis on that. You cannot use that against him.

That is his absolute right.”

¶5 The trial court then questioned 20 of the potential jurors. The court admonished

the potential jurors pursuant to Illinois Supreme Court Rule 431(b) (eff. July 1, 2012). With

regard to the fourth principle in Rule 431(b), the court stated defendant’s “failure to testify

cannot be held against him.” Eleven of these 20 individuals were selected to serve on the jury.

Defendant did not object to the court’s admonishment.

¶6 The trial court then questioned 10 more potential jurors. After asking some

preliminary questions, the court admonished these individuals pursuant to Rule 431(b). This

time, with regard to the fourth principle, the court told the potential jurors “that if [defendant]

does not testify that cannot be held against him.” The twelfth juror and alternates were selected

from this group.

¶7 During the trial, the State introduced a recording from the Mason City Fast Stop’s

surveillance equipment from July 4, 2019, which was the date of the charged activity in this case.

Fast Stop is a gas station and retail store that sells lottery tickets, soda, beer, cigarettes, tobacco,

liquor, food, and snacks. Donna Danley, who managed the store, testified she reviewed the

surveillance footage from when the last employee left at 11:30 p.m. on July 3 until around 2:45

-2- a.m. on July 4 when the store’s lights and cameras stopped working. Security footage from one

of the store’s cameras during this period showed a man outside the front of the store walking

back and forth for about 20 minutes before the cameras stopped operating. The store’s

surveillance cameras did not record anyone inside the store during the period between the last

employee leaving after closing the store and the store losing power. The store’s cameras were

not working while the store did not have power.

¶8 Aaron Ahart testified he was working as a police officer in Mason City on July 4,

2019. He was no longer employed as a police officer. On July 4, he was dispatched to the Fast

Stop at approximately 3 a.m. On cross-examination, defense counsel pointed out Ahart’s police

report indicated he arrived at the store at 3:59 a.m. Ahart testified the store’s power was off

when he arrived. It appeared a brick or some other object had been thrown through the store’s

window. Ahart stated Sally Griffin and Dan Mason were on the scene when he arrived.

However, on cross-examination, defense counsel pointed out Ahart’s trial testimony was

inconsistent with testimony he provided at the preliminary hearing. Ahart then testified he did

not recall exactly who was on the scene with Griffin when he arrived at the store.

¶9 According to Ahart’s testimony, he entered the store to determine if anyone was

present. He observed the cash drawer had been disassembled, the store was ransacked, and a

brick was on the floor. He then went outside, secured the perimeter of the building with crime

scene tape, and observed the electrical line at the back of the store had been cut. As he was

approaching Griffin, she screamed that someone was in her car. He then apprehended and

arrested defendant just outside of Griffin’s vehicle. Defendant appeared to be wearing a purplish

colored woman’s shirt or jacket. After defendant’s apprehension, defendant said, “they made me

do it.” Ahart found a blue bag inside Griffin’s vehicle, which Ahart had observed in defendant’s

-3- possession earlier in the evening in front of the gas station. Ahart admitted he did not recall

seeing defendant inside Griffin’s vehicle or exiting the vehicle.

¶ 10 Ahart also indicated he did not see defendant at the store when he first arrived.

However, he testified he had “dealt with defendant earlier in the evening.” It is not clear what

Ahart meant. Ahart did not observe any cuts on defendant, glass on defendant’s shoes or his

person, or blood on the floor of the gas station. Further, he did not recover any tools from

defendant that could have been used to cut the store’s electrical lines.

¶ 11 On redirect examination, Ahart testified he did not suspect Randy Jackson or Dan

Mason of committing the robbery because they were both regular customers of the store.

¶ 12 Erin Bowers, a crime scene investigator with the Illinois State Police, arrived at

the gas station on July 4 at 8:55 a.m. She took a picture of cutters found near the meter where

the electrical wires had been cut. She also photographed the following items she found inside

Griffin’s vehicle: a white trash can, a clear plastic container containing lottery tickets, a

blue-colored bag or cloth, a Crown Royal container, and rolls of coins. She also photographed

an orange-red shirt and jeans found in the blue bag. After she took photographs of the different

objects, she collected the physical items as evidence. She did not process or recover any

fingerprints belonging to defendant at the crime scene. She also did not know if defendant’s

DNA was present.

¶ 13 Mason City Assistant Chief of Police Justin Donovan testified he went to the

scene of the burglary on July 4 and met with Investigator Bowers, who gave him the evidence

she had collected. He took the evidence back to the police station and inventoried it. The face

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Bluebook (online)
2021 IL App (4th) 200172-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flynn-illappct-2021.