People v. Jackson

601 N.E.2d 1317, 235 Ill. App. 3d 732, 176 Ill. Dec. 619, 1992 Ill. App. LEXIS 1633
Appellate Court of Illinois·Decided October 8, 1992·No. 4-91-0926·Published·Cited by 10 cases

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

After a bench trial in Brown County on March 15, 1991, defendant, Theron Jackson, and his codefendant, Carnell Willis, were convicted of mob action. (Ill. Rev. Stat. 1989, ch. 38, par. 25 — 1(a)(2).) Defendant was sentenced to 18 months’ imprisonment. He appeals his conviction, arguing: (1) defense counsel was ineffective because he did not comply with the requirements of section 3 — 8—10 of the Unified Code of Corrections (Unified Code) (Ill. Rev. Stat. 1989, ch. 38, par. 1003 — 8—10), entitled “Intrastate Detainers,” thereby defeating dismissal of the charge against him based on denial of his right to a speedy trial; and (2) the State committed reversible error by cross-examining defendant about a previous drug problem and a drug-related conviction. Defendant also contends the trial judge’s sentence was not sufficiently specific because it did not designate the sentence to which the imposed sentence was made consecutive. We affirm defendant’s conviction and remand only for clarification of which judgment and sentence the imposed sentence was made consecutive.

I. Facts

A. Defense Counsel’s Pretrial Actions

The offense of which defendant was convicted arose from an attack on Gregory Pope, another inmate in the Western Illinois Correctional facility. Defendant was charged by information on March 15, 1991. On April 14, 1991, defense counsel was appointed to represent defendant. On April 15, defense counsel filed a motion for a speedy trial pursuant to section 103 — 5 of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1989, ch. 38, par. 103 — 5).

On September 12, 1991, defense counsel filed a motion to dismiss because more than 160 days had elapsed since the State charged defendant. The court denied the motion, ruling that when the defendant is in a Department of Corrections (DOC) facility, the procedures listed in the intrastate detainers provision must be followed in order to preserve a speedy-trial issue.

B. Trial Testimony

Pope testified he met defendant, codefendant Willis, and the inmate who struck him, Terrance Davis, a few days before the incident. Pope was being extorted by inmate Lee Johnson. Defendant, Willis, and Davis approached Pope and told him they could protect him from Johnson. Pope stated defendant, Willis, and Davis gave him a commissary list on three occasions and ordered him to obtain the items listed. They warned if he did not obtain the items he would get hurt.

On the day the incident occurred, defendant, Willis, and Davis followed Pope into his cell after dinner. Pope had notified prison officials of Johnson’s extortion attempt and the officials agreed to move him to another cell. When defendant, Willis, and Davis noticed Pope’s things were packed, they called him a “stool pigeon” and said “stooling” was not tolerated in prison. According to Pope, Willis told Davis to “bring the G down” and Davis hit Pope twice in the face.

Randy Spertzel, an inmate and Pope’s friend, testified he saw three men in Pope’s cell the night of the attack. The men told Spertzel to leave them alone. Later that night, Willis came to Spertzel’s cell and told Spertzel if he said anything they would put “a hit” out on him.

After Davis struck Pope, the men gave him an aspirin and discouraged him from going to the infirmary. They ultimately allowed him to seek medical treatment, but told him he would be hurt if he did not report that he fell and hurt his face. He required surgical placement of metal plates and screws in his head for the injuries he sustained.

Prison official Marty Winston interviewed Pope in the prison health unit shortly after the incident. Pope told Winston the cell numbers of the men involved. Pope also identified defendant, Willis, and Davis from a six-photograph array.

Davis, who pleaded guilty to aggravated battery for striking Pope, testified that when he entered Pope’s cell, defendant and Willis were present. Davis asked Pope what he told the prison officials about Johnson. When Pope admitted he told the officials about Johnson’s extortion, Davis hit Pope in the face. Davis testified neither defendant nor Willis told him to strike Pope. Defendant’s and Willis’ testimony supported Davis’ testimony. Defendant testified he did not know Davis was going to strike Pope.

During cross-examination, the State asked defendant if he had a drug problem. Defendant stated he currently had no problem because he had been rehabilitated a year or so earlier. The State inquired about when defendant was incarcerated for the sentence he was presently serving. Defendant responded he had been incarcerated since 1986 for violating his parole. The State inquired whether the offense for which defendant had been incarcerated was a drug offense. Defendant stated he was originally sentenced for drugs.

II. Analysis

A. Ineffective Counsel

Defendant’s trial began 210 days after defense counsel filed his speedy-trial demand. Defendant argues defense counsel was ineffective in his efforts to ensure defendant received a speedy trial because counsel filed the motion demanding speedy trial pursuant to section 103 — 5 of the Code (Ill. Rev. Stat. 1989, ch. 38, par. 103 — 5), rather than the provision applicable to inmates during incarceration, a proper demand under which requires the defendant be tried within 160 days (Ill. Rev. Stat. 1989, ch. 38, par. 1003 — 8—10).

Resolution of defendant’s speedy-trial issue requires consideration of the speedy-trial provision of the Code in conjunction with the. intrastate detainers provision. Section 103 — 5(a) of the Code states, in relevant part, every person in custody in the State for an alleged offense shall be tried within 120 days from the date he was taken into custody. (Ill. Rev. Stat. 1989, ch. 38, par. 103 — 5(a).) Section 103 — 5(b) of the Code provides that persons on bail or recognizance shall be tried “within 160 days from the date defendant demands trial.” (Ill. Rev. Stat. 1989, ch. 38, par. 103 — 5(b).) Unless the delay is caused by defendant, failure to try him within the statutory time is cause for the discharge of the accused. Ill. Rev. Stat. 1989, ch. 38, par. 103-5(d).

Section 3 — 8—10 of the Unified Code makes section 103— 5(b) of the Code applicable to defendants “committed to any institution or facility or program of [DOC]” who have untried complaints or indictments pending against them. (Ill. Rev. Stat. 1989, ch. 38, par. 1003 — 8—10.) Defendant was in DOC custody when this mob action charge was filed against him. Defense counsel was required to make the speedy-trial demand under section 3 — 8—10 of the Unified Code and include a statement of the place of present commitment, the term, and length of remaining term, charges pending against him, and county where the charges were lodged, addressed to the State’s Attorney of the county where he is charged, with a copy to the clerk of that court and the proper DOC officer of the facility to which defendant is committed. The State’s Attorney would then have been required to ensure defendant was brought to trial within 160 days. (Ill. Rev. Stat. 1989, ch.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Jackson, 601 N.E.2d 1317, 235 Ill. App. 3d 732, 176 Ill. Dec. 619, 1992 Ill. App. LEXIS 1633 (Ill. Ct. App. 1992).

601 N.E.2d 1317 (People v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Yankaway
2025 IL 130207 (Illinois Supreme Court, 2025)
People v. Yankaway
2023 IL App (4th) 220982-U (Appellate Court of Illinois, 2023)
People v. Sandoval
Appellate Court of Illinois, 2008
People v. Williams
838 N.E.2d 275 (Appellate Court of Illinois, 2005)
People v. Staten
639 N.E.2d 550 (Illinois Supreme Court, 1994)
People v. Milsap
635 N.E.2d 1043 (Appellate Court of Illinois, 1994)
People v. Todd
608 N.E.2d 933 (Appellate Court of Illinois, 1993)