People v. Howell

902 N.E.2d 797, 388 Ill. App. 3d 338, 327 Ill. Dec. 676, 2009 Ill. App. LEXIS 59
CourtAppellate Court of Illinois
DecidedFebruary 18, 2009
Docket4-08-0243
StatusPublished

This text of 902 N.E.2d 797 (People v. Howell) 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. Howell, 902 N.E.2d 797, 388 Ill. App. 3d 338, 327 Ill. Dec. 676, 2009 Ill. App. LEXIS 59 (Ill. Ct. App. 2009).

Opinion

JUSTICE APPLETON

delivered the opinion of the court:

After a bench trial, the trial court found defendant, Rhonda L. Howell, guilty of escape and unlawful possession of drug paraphernalia and sentenced her to four years in prison. In this direct appeal, defendant claims the State failed to prove her guilty of escape beyond a reasonable doubt. She also claims the court erred in failing to conduct a balancing test prior to admitting into evidence, for impeachment purposes, her prior convictions. For the following reasons, we affirm.

I. BACKGROUND

On January 3, 2007, the State charged defendant with escape (720 ILCS 5/31 — 6(a) (West 2006)) (count I) and aggravated battery (720 ILCS 5/12 — 4(b)(6) (West 2006)) (count II) for striking and fleeing from the custody of Terry Park, a Macon County court-security officer, on December 21, 2006. The State also charged defendant with unlawful possession of drug paraphernalia (720 ILCS 600/3.5 (West 2006)) (count III) for having in her possession a brass-colored pipe with a bowl. On December 21, 2006, the Honorable Scott Diamond sentenced defendant to three years’ imprisonment for burglary (Macon County case No. 06 — CF—1463). After sentencing, Park took defendant into custody inside the courtroom and escorted her to the elevators. Defendant struck Park in the arm with her left elbow and ran down the stairs. Park radioed for assistance and Macon County court officers Larry Gregg and Lisa Friis stopped defendant on the third floor. Park regained custody of defendant and conducted a search of her person. In her purse, Park found a brass-colored pipe with burnt residue of marijuana in the bowl.

At defendant’s arraignment, the trial court appointed the public defender to represent her. On February 7, 2007, defendant pleaded guilty to aggravated battery, and the court sentenced her to two years’ imprisonment with the sentence to run consecutively to her sentence in Macon County case No. 06 — CF—1463. In exchange for defendant’s guilty plea, the State agreed to dismiss the charges of escape (count I) and unlawful possession of drug paraphernalia (count III). On March 5, 2007, defendant filed a pro se motion to withdraw her guilty plea, alleging she “had inadequate representation by counsel” and “was not advised as to the rights [she] was surrendering in pleading guilty.”

On March 19, 2007, the trial court again appointed the public defender to represent defendant. On June 4, 2007, the court, without objection, granted defendant’s motion to withdraw her plea and vacated the judgment of conviction entered on February 2, 2007.

On December 19, 2007, the trial court conducted defendant’s bench trial on the three charged offenses. Terry Park testified that he was employed as a court-security officer in Macon County. He said court-security officers are sworn law-enforcement officers, who are armed, have powers of arrest, and are assigned strictly to the courthouse. He testified that on December 21, 2006, at approximately 10:40 a.m., he was assigned to Judge Diamond’s courtroom on the sixth floor. Judge Diamond had just sentenced defendant to three years’ imprisonment in case No. 06 — CF—1463. After sentencing, Park said he escorted defendant, who was not handcuffed, out of the courtroom, intending to take her to the booking area and to jail. Defendant asked Park if she could give her purse to her mother. Park said she could but, he did not see any other person around.

Park testified that he walked with his hand on defendant’s elbow. As they approached the elevators, defendant “shoved her arm back and took off walking faster.” Park said he advised defendant to stop but, “[s]he kept right on going.” Park again warned her to stop but, “[s]he took off down the steps.” He radioed to other officers for assistance and gave a physical description of defendant, advising that she was “running from the sixth floor[,] going down the stairwell.” Officers Larry Gregg and Lisa Friis caught defendant on the third floor and placed her in handcuffs. Park caught up to defendant and took her downstairs, where she was booked and searched. During the search, officers found what Park described as a “crack pipe” on her person. Defendant interrupted Park’s testimony and said, “That’s a weed pipe.” Park testified that he was not injured by defendant’s push, but was “more insulted *** because [he] was going to let her to do what she wanted to do.”

On cross-examination, Park testified that he did not believe there was a policy to place a defendant in handcuffs after sentencing. On redirect, Park testified that on the day of the incident, he was wearing his law-enforcement uniform.

Officer Lisa Friis testified that she was employed by the Macon County sheriffs department as a court-security officer. On the day of the incident, she was in a second-floor courtroom when she heard Park’s radio call. She left the courtroom and took the stairs toward the sixth floor. On the third floor, she encountered defendant, who was “running vigorously down the stairs.” Friis said she and Officer Gregg blocked defendant’s path. Park met them on the third floor and placed defendant in handcuffs. The officers escorted defendant to the court-security office on the first floor. Friis was present during the search and believed it was Park who had found the pipe in defendant’s purse.

On cross-examination, Friis testified that she could hear defendant approaching in the stairwell. Friis said defendant was wearing high heels, but she apparently had no problem moving down the stairs. Friis said once she and Gregg blocked defendant’s path, defendant did not attempt to evade them.

Officer Larry Gregg testified that he was a “court[-]division officer with the Macon County Sheriff.” He said, on the day of the incident, he was in courtroom 2A when he heard Park’s call for assistance. Gregg said Park’s call included a physical description of defendant. He said he met Friis, who was in courtroom 2B, in the hallway and they both started up the stairs. They met defendant on the third floor. Gregg said defendant stepped aside but both officers grabbed her arms. Park arrived and took defendant into custody. Gregg said he returned to his courtroom.

Mark Paiva testified that he is employed by the Illinois State Police crime lab in Springfield. He tested the pipe found on defendant’s person and discovered cannabis and cocaine residue.

The State introduced, as an exhibit, a certified copy of the court docket in Macon County case No. 06 — CF—1463—the case for which defendant was sentenced immediately prior to the incident at issue. The State rested.

Defendant testified on her own behalf. (We note that the first page of defendant’s testimony is missing from the transcript in the record.) Defendant testified that she was “kind of shocked” that Judge Diamond had sentenced her to prison because she was expecting a sentence of “intense probation.” She said after sentencing, Park led her through the courtroom door. Defendant said she asked Park if she could give her purse to her mother, but she did not tell him where her mother was.

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Related

The People v. Montgomery
268 N.E.2d 695 (Illinois Supreme Court, 1971)
People v. Goodwin
888 N.E.2d 140 (Appellate Court of Illinois, 2008)
People v. Naylor
893 N.E.2d 653 (Illinois Supreme Court, 2008)
The People v. Lacey
182 N.E.2d 730 (Illinois Supreme Court, 1962)

Cite This Page — Counsel Stack

Bluebook (online)
902 N.E.2d 797, 388 Ill. App. 3d 338, 327 Ill. Dec. 676, 2009 Ill. App. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-howell-illappct-2009.