People v. Henderson

841 N.E.2d 872, 217 Ill. 2d 449, 299 Ill. Dec. 140, 2005 Ill. LEXIS 960
CourtIllinois Supreme Court
DecidedAugust 18, 2005
Docket98887
StatusPublished
Cited by73 cases

This text of 841 N.E.2d 872 (People v. Henderson) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Henderson, 841 N.E.2d 872, 217 Ill. 2d 449, 299 Ill. Dec. 140, 2005 Ill. LEXIS 960 (Ill. 2005).

Opinions

CHIEF JUSTICE McMORROW

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant Christopher Henderson was convicted of two counts of robbery (720 ILCS 5/18 — 1 (West 2000)), a Class 2 felony, and two counts of aggravated battery on a public way (720 ILCS 5/12 — 4(b)(8) (West 2000)), a Class 3 felony. The circuit court sentenced defendant to concurrent prison terms of nine years for each robbery conviction and four years for each aggravated battery conviction. On appeal, defendant argued that the circuit court did not properly admonish him pursuant to Supreme Court Rule 605(a) 210 Ill. 2d R. 605(a), and that the cause should be remanded for proper admonishments and an opportunity to file a motion to reconsider his sentence. The appellate court affirmed the judgment of the circuit court. No. 1 — 03—1623 (unpublished order under Supreme Court Rule 23). For the reasons that follow, we affirm the judgment of the appellate court.

BACKGROUND

The evidence presented at trial established that the offenses occurred early in the morning of June 28, 2002. At about 12:30 a.m., the victims, Daniel Fonseca and Kevin Schwarze, got off a bus on the north side of Chicago and began walking south on Broadway. They noticed defendant and several other people standing together on the other side of the street. As Fonseca and Schwarze continued south on Broadway, a man whom they had initially seen standing with defendant approached the victims from behind and asked Fonseca for a cigarette and a light. Fonseca gave the man a cigarette but said he did not have a lighter. Fonseca and Schwarze then began walking faster, having noticed that defendant and several other people were walking parallel with them on the other side of the street. At that point, the man who had asked for a cigarette yelled, “Don’t — with the Kangs,” and struck Fonseca in the face. When Fonseca and Schwarze began to run, defendant yelled, “Stop those guys.” People from both sides of the street converged, tackled Fonseca and Schwarze, and started to go through their pockets. Schwarze saw defendant going through Fonseca’s pockets. Fonseca’s wallet, cellular telephone, bracelet and ring were taken. Fonseca saw defendant kicking Schwarze in the face. Schwarze’s wallet (containing $200), his cellular telephone and his watch were taken.

While Fonseca and Schwarze were still surrounded, several squad cars arrived, and defendant and the other offenders fled. Fonseca and Schwarze pointed out the offenders, and rode with the police in pursuit. Within about 20 to 30 seconds, the police converged on defendant and two others. The victims identified defendant as one of the offenders. Fonseca’s cellular telephone was recovered from the sidewalk.

The circuit court found defendant guilty on all counts. Defense counsel filed a motion for a new trial, and the circuit court denied the motion.

At the sentencing hearing, the State noted defendant’s criminal history, which included convictions for vehicular hijacking and attempted robbery. The State argued that, in light of this criminal history, defendant should receive an extended-term sentence of 7 to 14 years’ imprisonment. In mitigation, defense counsel presented two witnesses who testified regarding defendant’s talent as an artist and his involvement in a community arts center and a social service agency for Native Americans. Defense counsel argued, in addition, that although defendant had a drinking problem, he also had a strong work history and was self-sufficient. Defense counsel requested a sentence within the nonextended, three- to seven-year range for a Class 2 felony.

The court sentenced defendant to extended terms of nine years’ imprisonment for each of the robbery convictions and four years’ imprisonment for each of the aggravated battery convictions, with all sentences to be served concurrently. The court then admonished defendant:

“Mr. Henderson, you have a right to appeal which can be preserved only by filing a written notice of appeal with the clerk of the court within thirty days.
You have a right to request the clerk of the court to prepare and file a written notice of appeal on your hehalf.
If you cannot afford it, a copy of the transcript will be given to you free, and a lawyer would be appointed to represent you on appeal.
You also must file within thirty days a written motion to reduce sentence that must be filed in the clerk of the court’s office. If you file a written motion to reduce sentence, then the appeal will be held in abeyance until the court has ruled on the motion to reduce sentence.
Do you understand that?”

Defendant indicated that he understood. Counsel for defendant then made an oral motion to reduce sentence, and the circuit court denied the motion. No written motion to reconsider sentence was filed.

On appeal, defendant argued that the circuit court failed to give him adequate admonishments regarding the filing of a motion to reconsider sentence. Specifically, defendant argued that the circuit court did not fully inform him that he had 30 days to file a written motion to reconsider “all aspects” of his sentence, and that any issue not included in this motion would be waived for appellate review. Defendant contended that his cause should be remanded for proper admonishments pursuant to Supreme Court Rule 605(a), and to allow him an opportunity to file a motion to reconsider his sentence. The circuit court’s alleged noncompliance with Rule 605(a) was the main issue raised in defendant’s appeal. He did not challenge the correctness of his sentence per se, or any aspect of his sentencing hearing.

In rejecting defendant’s argument that the cause should be remanded, the appellate court relied on People v. Williams, 344 Ill. App. 3d 334 (2003), which, upon similar facts, held that no remand was required. The appellate court observed that, in the case at bar, as in Williams, defendant failed to raise any sentencing issues on appeal. In Williams, the appellate court noted the defendant’s failure there to challenge his sentence on appeal, and concluded that the defendant therefore was neither prejudiced nor denied real justice by the inadequate admonishments. Accordingly, the court in Williams held that remand was not necessary. The appellate court in the case at bar applied the same reasoning as in Williams, and similarly held that defendant was neither prejudiced nor denied real justice by the incomplete admonishments. Accordingly, no remand was necessary. The court explained:

“[D]efendant fails to identify any issue regarding ‘any aspect of his sentencing hearing’ which he wishes to challenge or identify any issue regarding his sentence which was deemed waived. Therefore, we conclude that ‘[to] require remand in the instant matter, so defendant could hear the steps necessary to challenge an issue that he has no basis to challenge, would elevate form over substance without serving the ends of real justice.’ ” No. 1 — 03— 1623 (unpublished order under Supreme Court Rule 23), quoting Williams, 344 Ill. App. 3d at 339.

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Cite This Page — Counsel Stack

Bluebook (online)
841 N.E.2d 872, 217 Ill. 2d 449, 299 Ill. Dec. 140, 2005 Ill. LEXIS 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-henderson-ill-2005.