People v. Handley

2023 IL App (2d) 220263-U
CourtAppellate Court of Illinois
DecidedApril 10, 2023
Docket2-22-0263
StatusUnpublished
Cited by2 cases

This text of 2023 IL App (2d) 220263-U (People v. Handley) 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. Handley, 2023 IL App (2d) 220263-U (Ill. Ct. App. 2023).

Opinion

2023 IL App (2d) 220263-U Nos. 2-22-0263 & 2-22-0264 cons. Order filed April 10, 2023

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Kendall County. ) Plaintiff-Appellee, ) ) v. ) No. 21-CF-354 ) No. 22-CF-90 ) JAQUARANCE C. HANDLEY, ) Honorable ) Robert P. Pilmer, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE JORGENSEN delivered the judgment of the court. Justices Birkett and Kennedy concurred in the judgment.

ORDER

¶1 Held: On appeal from his aggravated-battery convictions, defendant failed (1) to show prejudice from the denial of his for-cause challenge to a potential juror and (2) to establish that his trial attorneys were ineffective for failing to seek reduction of his sentences.

¶2 These consolidated appeals arise from separate prosecutions for aggravated battery (720

ILCS 5/12-3(a)(2), 12-3.05(d)(4) (West 2020)). In both prosecutions, defendant, Jaquarance C.

Handley, was charged with making physical contact of an insulting or provoking nature with Mark

Snead, knowing that Snead was a peace officer performing his official duties. In case No. 21-CF- 2023 IL App (2d) 220263-U

354, defendant was charged with two counts of aggravated battery based on allegations that he

kicked Snead (count I) and spat on him (count II). In case No. 22-CF-90, defendant was charged

with a single count of aggravated battery based on the allegation that he slapped Snead. Following

separate jury trials, defendant was found guilty on all counts. At a combined sentencing hearing,

the trial court imposed consecutive prison terms of seven years in case No. 21-CF-354 and five

years in case No. 22-CF-90. Defendant filed a timely notice of appeal in each case. We docketed

the appeal in case No. 22-CF-90 as case No. 2-22-0263 and the appeal in case No. 21-CF-354 as

case No. 2-22-0264. In appeal No. 2-22-0263, defendant argues that the trial court erred in

denying his motion to excuse a particular prospective juror for cause. In both appeals, defendant

argues that he received ineffective assistance of counsel because his attorneys failed to move to

reconsider his sentences. We affirm.

¶3 I. BACKGROUND

¶4 A. Jury Selection in Case No. 22-CF-90

¶5 During jury selection in case No. 22-CF-90, the prosecutor asked juror 132 if he “would

make a good juror” in defendant’s trial. Juror 132 answered, “I’m not sure. Between family

battery, violent case between—having family member violence, I don’t have much sympathy for

aggressive or violent people I would say.” When asked twice if he could set those feelings aside,

juror 132 responded each time, “Possibly.” When asked if he would “actually listen to the

evidence,” rather than “go in with a preconceived notion that [defendant] is guilty just because he

is being tried,” juror 132 responded, “Again, I do have that bias of the past with people, so it’s

possible.” The prosecutor asked juror 132 if he could “set aside what [his] past history is and sign

a not guilty verdict” if the State failed to meet its burden of proof. Juror 132 answered that he

-2- 2023 IL App (2d) 220263-U

could. But when asked yet again if he could set aside his preconceived notions during

deliberations, juror 132’s answer was equivocal: “Yeah, possibly.”

¶6 When defense counsel asked juror 132 if he could be fair and impartial if he knew that

defendant “is in custody currently[,]” juror 132 responded, “something doesn’t look very good.

I’m guessing it’s for another *** violent thing[.]”

¶7 A different prospective juror—juror 183—indicated that she was studying criminal justice.

She knew and had dealings with police and corrections officers and thought they were “great”

people. She was also a “court volunteer” for Mothers Against Drunk Driving.

¶8 Defendant moved to excuse juror 132 for cause. The trial court denied the motion, and

defendant exercised a peremptory challenge against juror 132. Defendant then attempted to use a

peremptory challenge against juror 183. However, the prosecutor advised defendant and the court

that defendant had no peremptory challenges left. Juror 183 was seated on the jury.

¶9 B. Trials in Case Nos. 21-CF-354 and 22-CF-90

¶ 10 At trial in case No. 22-CF-90, Snead testified that he was a sergeant with the Kendall

County Sheriff’s Department and worked as a corrections officer at the Kendall County jail. On

January 26, 2022, defendant was an inmate at the jail. That morning, Snead escorted a nurse to

defendant’s cell. Snead opened the cell’s “pass[-]through,” which allows jail personnel and

inmates to communicate and pass items into and out of the cell without opening the door. The

nurse was prepared to take defendant’s blood-oxygen level and blood pressure. Defendant placed

his hand through the pass-through so she could place a blood-oxygen sensor on his fingertip.

Defendant started to pull his hand back into the cell with the sensor still attached to his finger.

Snead grabbed the sensor. Defendant then reached his hand out and “smacked” Snead in the face.

Snead testified that, before the blow, defendant had threatened to “slap” Snead. Jail-surveillance

-3- 2023 IL App (2d) 220263-U

video and body-camera video were played in court and admitted into evidence, but neither showed

whether defendant’s hand made contact with Snead.

¶ 11 Defendant was found guilty of the single count of aggravated battery.

¶ 12 In case No. 21-CF-354, Snead testified that on November 8, 2021, defendant was on

suicide watch in the Kendall County jail. Defendant was dressed in a “suicide smock.” He had

used his mattress and toilet paper to cover the windows of his cell, preventing jail personnel from

observing him. Snead approached the cell and tried to communicate with defendant. Defendant

pulled down the mattress, but then covered the window again. Defendant said he was going to kill

himself. Snead organized a team to perform a “cell extraction” to remove the mattress and tissue

paper. When the team tried to remove the mattress, defendant pulled back on the mattress. Snead

aimed pepper spray into the cell, but defendant attempted to block it with the suicide smock. Snead

managed to fire the pepper spray, and then the team removed the mattress and the suicide smock.

Because of the pepper spray, Snead asked defendant if he “wanted to step out [of the cell] and take

a shower or go out and get decontaminated.” Defendant was placed in handcuffs and removed

from the cell. At that point, defendant kicked Snead in the leg. Defendant was taken to the shower.

As Snead was preparing to remove defendant’s handcuffs, defendant kicked Snead in the leg again.

Defendant then spat in Snead’s face. Snead took defendant to another cell. While Snead and other

jail personnel tried to place defendant in the cell, defendant spat in Snead’s face again.

¶ 13 Defendant was found guilty of both counts of aggravated battery.

¶ 14 C. Sentencing in Case Nos. 21-CF-354 and 22-CF-90

¶ 15 At the combined sentencing hearing, the parties and the trial court agreed that (1) the

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Bluebook (online)
2023 IL App (2d) 220263-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-handley-illappct-2023.