People v. Gray

806 N.E.2d 753, 346 Ill. App. 3d 989, 282 Ill. Dec. 456, 2004 Ill. App. LEXIS 306
CourtAppellate Court of Illinois
DecidedMarch 26, 2004
Docket2-02-1318
StatusPublished
Cited by28 cases

This text of 806 N.E.2d 753 (People v. Gray) 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. Gray, 806 N.E.2d 753, 346 Ill. App. 3d 989, 282 Ill. Dec. 456, 2004 Ill. App. LEXIS 306 (Ill. Ct. App. 2004).

Opinion

JUSTICE KAPALA

delivered the opinion of the court:

Following a jury trial, defendant, Jessie Gray, was convicted of aggravated robbery (720 ILCS 5/18 — 5(a) (West 2002)). He was sentenced to 14 years’ imprisonment. He appeals, arguing that the trial court erred in answering the jury’s request for clarification of a phrase in the issues instruction for aggravated robbery (Illinois Pattern Jury Instructions, Criminal, No. 14.20 (4th ed. 2000)). We determine that the court properly answered the jury’s request, and thus we affirm.

We begin by presenting the evidence that is relevant to the issues on appeal. On April 30, 2002, about 8 p.m., Joseph Wesley and Jordan Hatley were walking toward a convenience store. As they walked, they were accosted by defendant, whom they did not previously know. Defendant stood in front of them with his hand under the football jersey that he was wearing. He swore at them and told them that he would kill them if they were members of the “GD” gang, which they were not. In light of defendant’s erratic behavior and the smell of his breath, Wesley and Hatley knew that he was drunk.

Slurring his words, defendant told Wesley and Hatley that he had a pistol. He walked three or four feet away, turned his back, and acted as if he were taking something out of his jersey and putting it behind a tree. Wesley thought that defendant may have put down his gun. Defendant returned to Wesley and Hatley, took off his jersey, and placed it onto a car. Wesley could see that defendant had no gun at that point. Defendant asked for money, but Hatley told him to go home. Defendant threw a punch at Hatley, who was bigger than defendant, and Hatley blocked the punch. Defendant turned to Wesley, who was smaller than defendant, and demanded the chain that Wesley was wearing. Wesley tried to run, but defendant blocked his path. Wesley took off his chain and threw it onto defendant’s jersey. Wesley and Hatley ran to Wesley’s house and called the police. When the police apprehended defendant, he had his jersey and Wesley’s chain. He had no weapon.

In instructing the jury, the trial court stated as follows:

“To sustain the charge of aggravated robbery, the State must prove the following propositions: The first proposition: That the Defendant knowingly took property from the person or the presence of Joseph Wesley and, second proposition, that the Defendant did so by the use of force or by threatening the imminent use of force, and third proposition, that the Defendant did so while indicating verbally or by his actions to the victim that he was at that time armed with a gun.” (Emphasis added.) See Illinois Pattern Jury Instructions, Criminal, No. 14.20 (4th ed. 2000).

During its deliberations, the jury sent a note to the trial court: “We want clarification on ‘at that time.’ Does this mean ‘any time during the incident’ or ‘at the exact time the chain was handed over’?” Defense counsel argued that “at that time” means “[at] that instant.” However, the trial court noted People v. Dennis, 181 Ill. 2d 87 (1998), in which the supreme court

“talked about armed robbery, but [held] that although the required force or threat of force may either precede or be contemporaneous with the taking of the victim’s property, use of a dangerous weapon at [any] point in a robbery will constitute armed robbery so long as it reasonably can be said to be part of a single occurrence. Sufficient force exists when the force used is part of a series of events that constitute a single incident or occurrence.”

See Dennis, 181 Ill. 2d at 101-02. The trial court reasoned that “[c]ertainly the same has got to be said for an aggravated robbery.” Thus, over defendant’s objection, the court instructed the jury as follows:

“The required force or threat of force must either procede [sic] or be contemporaneous with the taking of the victim’s property. Indicating verbally or by actions to the victim that the person was armed with a gun can constitute aggravated robbery so long as it reasonably can be said to be part of a single occurance [sic].”

Shortly thereafter, the jury submitted a second note, raising two questions:

“1. Is ‘procede’ intended to be precede or proceed?
2. Does contemporaneous mean ‘within the time frame of taking of the victim’s property’?”

As to the first question, the trial court instructed the jury that “the word used in the prior response should be ‘precede.’ ” As to the second, the court agreed with the State’s contention that the question was “very similar to the last question.” In any event, over defendant’s objection, the court instructed the jury that “contemporaneous as it applies to the use of force means that the force may be used as part of a series of events constituting a single incident.” See Dennis, 181 Ill. 2d at 102.

Ultimately, the jury convicted defendant of aggravated robbery, and the trial court sentenced him and denied his posttrial and post-sentencing motions. Defendant timely appealed.

On appeal, defendant asserts that the trial court erred in answering the jury’s request for clarification of “at that time.” To resolve that issue, we must address two questions. First, we must determine whether the court erred in defining the phrase at all. Second, we must determine whether the court’s definition was correct. We will address each question in turn.

Generally, a trial court has a duty to answer when a jury raises (1) an explicit question (2) on a point of law (3) about which the jury indicates doubt or confusion. People v. Childs, 159 Ill. 2d 217, 228-29 (1994); People v. Landwer, 279 Ill. App. 3d 306, 314 (1996). Nevertheless; the court should refuse to answer if an answer would express the court’s opinion on the evidence or would probably direct a verdict. People v. Reid, 136 Ill. 2d 27, 39-40 (1990). The court’s decision to answer or refrain from answering will not be disturbed absent an abuse of discretion. Landwer, 279 Ill. App. 3d at 314.

Applying the aforementioned criteria, we determine that the trial court had a duty to answer the jury’s request. First, as the jury requested a definition of a specific phrase, its request was explicit. See People v. Oden, 261 Ill. App. 3d 41, 45 (1994) (“ ‘What is possession?’ ”). Second, a question of a definition of a phrase in a jury instruction is a question of law. Landwer, 279 Ill. App. 3d at 315. Third, in requesting “clarification” of the phrase, the jury demonstrated that it was confused about the issue. See Landwer, 279 Ill. App. 3d at 313 (jury requested that court “clarify” term). Thus, the court did not abuse its discretion in deciding to answer the jury’s request; indeed, a refusal to answer may have been prejudicial error. See Childs, 159 Ill. 2d at 229.

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Cite This Page — Counsel Stack

Bluebook (online)
806 N.E.2d 753, 346 Ill. App. 3d 989, 282 Ill. Dec. 456, 2004 Ill. App. LEXIS 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gray-illappct-2004.