People v. McClure

2024 IL App (5th) 240027, 245 N.E.3d 81

• Court: Appellate Court of Illinois
• Decided: March 21, 2024
• Docket: 5-24-0027
• Status: Published

Opinion

2024 IL App (5th) 240027 NOTICE Decision filed 03/21/24. The text of this decision may be NOS. 5-24-0027, 5-24-0028, 5-24-0029, changed or corrected prior to 5-24-0030, 5-24-0031, 5-24-0032, the filing of a Petition for 5-24-0033, 5-24-0038 cons. Rehearing or the disposition of the same. IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Macon County. ) v. ) Nos. 23-CF-1844, 23-CF-1845, ) 23-CF-1846, 23-CF-1871, NATHAN A. McCLURE, ) 23-CF-1872, 23-CF-1873, ) 23-CF-1874, 23-CF-1875 Defendant-Appellee. ) ) Honorable Lindsey A. Craycraft, ) Judge, presiding. ______________________________________________________________________________

JUSTICE MOORE delivered the judgment of the court, with opinion. Justices Welch and Cates concurred in the judgment and opinion.

OPINION

¶1 The State appeals the December 22, 2023, denial of its petitions to revoke pretrial release

pursuant to article 110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/art. 110

(West 2022)), as amended by Public Act 101-652 (eff. Jan. 1, 2023), in the following cases filed

in the circuit court of Macon County against the defendant, Nathan A. McClure: 23-CF-1844, 23-

CF-1845, 23-CF-1846, 23-CF-1871, 23-CF-1872, 23-CF-1873, 23-CF-1874, and 23-CF-1875.1

1 The following appellate case numbers correspond to the lower court case numbers respectively: 5-24-0027, 5-24-0028, 5-24-0029, 5-24-0030, 5-24-0031, 5-24-0032, 5-24-0033, and 5-24-0038. 1 The court on its own motion consolidated these matters for decision only. For the reasons that

follow, we reverse and remand.

¶2 I. BACKGROUND

¶3 On November 22, 2023, the defendant, Nathan A. McClure, was arrested for multiple

charges. Report #23-010252 indicated the defendant was arrested on two charges of burglary.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 7, 2023. As a result of this arrest, the defendant was charged by

information on December 1, 2023, with three counts in Macon County case No. 23-CF-1846.

Count I, for the offense of burglary, a Class 2 felony, alleged on or between October 30, 2023, to

October 31, 2023, the defendant committed the offense of burglary in that he entered the building

of Primient, with the intent to commit therein a theft. Count II, for the offense of theft, a Class 3

felony, alleged on or between October 30, 2023, to October 31, 2023, the defendant committed the

offense of theft, in that he knowingly exerted unauthorized control over property of Eric Flaugher,

being a laptop, having a total value in excess of $500 but less than $10,000, intending to deprive

Eric Flaugher of the use of the property. Count III, for the offense of theft, alleged on or between

October 30, 2023, to October 31, 2023, the defendant committed the offense of theft, in that he

knowingly exerted unauthorized control over property of Curt Woolen, being a laptop, having a

total value in excess of $500 but less than $10,000, intending to deprive Curt Woolen of the use

of the property.

¶4 Also on November 22, 2023, McClure was arrested for burglary per Report #23-011018.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 7, 2023. As a result of this arrest, the defendant was charged by

information on December 1, 2023, with one count in Macon County case No. 23-CF-1845. Count

2 I, for the offense of burglary, a Class 2 felony, alleged on or about November 11, 2023, the

defendant committed the offense of burglary in that he entered the building of Saned Qattoum

doing business as In and Out Convenience Store, with the intent to commit therein a theft.

¶5 Also on November 22, 2023, McClure was arrested for burglary per Report #23-011017.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 7, 2023. As a result of this arrest, the defendant was charged by

information on December 1, 2023, with one count in Macon County case No. 23-CF-1844. Count

I, for the offense of burglary, a Class 2 felony, alleged on or about November 22, 2023, the

defendant committed the offense of burglary in that he entered the building of Saned Qattoum

doing business as In and Out Convenience Store, with the intent to commit therein a theft.

¶6 On December 1, 2023, McClure was arrested for burglary per Report #23-010709.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 19, 2023. As a result of this arrest, the defendant was charged by

information on December 6, 2023, with one count in Macon County case No. 23-CF-1874. Count

I, for the offense of burglary, a Class 2 felony, alleged on or about November 13, 2023, the

defendant committed the offense of burglary in that he entered the building of Willow Heights

Apartments with the intent to commit therein a theft.

¶7 Also on December 1, 2023, McClure was arrested for burglary per Report #23-011314.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 19, 2023. As a result of this arrest, the defendant was charged by

information on December 6, 2023, with one count in Macon County case No. 23-CF-1871. Count

I, for the offense of burglary, a Class 2 felony, alleged on or about November 30, 2023, the

3 defendant committed the offense of burglary in that he entered the building of Super Shine Car

Wash with the intent to commit therein a theft.

¶8 Also on December 1, 2023, McClure was arrested for burglary per Report #23-011254.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 19, 2023. As a result of this arrest, the defendant was charged by

information on December 6, 2023, with one count in Macon County case No. 23-CF-1872. Count

I, for the offense of burglary, a Class 2 felony, alleged on or about November 30, 2023, the

defendant committed the offense of burglary in that he entered the building of Beauty Unfolded

with the intent to commit therein a theft.

¶9 On December 3, 2023, McClure was arrested for burglary per Report #23-011320.

Following the arrest, McClure was released by law enforcement and provided with a notice to

appear in court on December 19, 2023. As a result of this arrest, the defendant was charged by

information on December 6, 2023, with one count in Macon County case No. 23-CF-1873. Count

I, for the offense of burglary, a Class 2 felony, alleged on or about December 2, 2023, the defendant

committed the offense of burglary in that he entered the building of Fleener & Roberts with the

intent to commit therein a theft.

¶ 10 The defendant failed to appear in Macon County circuit court on December 7, 2023. A

warrant was issued for his arrest.

¶ 11 On December 13, 2023, the State filed a verified petition to revoke defendant’s pretrial

release pursuant to section 110-6(a) of the Code (725 ILCS 5/110-6(a) (West 2022)) in the

following cases then pending in Macon County against the defendant: 23-CF-1844, 23-CF-1845,

23-CF-1846, 23-CF-1871, 23-CF-1872, 23-CF-1873, 23-CF-1874, and 23-CF-1875.

4 ¶ 12 On December 8, 2023, additional felony cases were filed by information against the

defendant by information in Macon County case Nos. 23-CF-1887 and 23-CF-1888. On December

20, 2023, an additional felony case was filed by information against the defendant in Macon

County case No. 23-CF-1962. 2

¶ 13 On December 22, 2023, the circuit court of Macon County called the following cases for

hearing: 23-CF-1844, 23-CF-1845, 23-CF-1846, 23-CF-1871, 23-CF-1872, 23-CF-1873, 23-CF-

1874, 23-CF-1875, 23-CF-1887, 23-CF-1888, and 23-CF-1962. The circuit court noted that cases

23-CF-1887, 23-CF-1888, and 23-CF-1962 were set for a status hearing, while the remaining cases

were set for hearing on the State’s petition to revoke pretrial release. The defendant was present,

in custody, with his appointed counsel.

¶ 14 In support of its petition to revoke pretrial release, the State argued that the defendant

committed a new offense on December 16, 2023, in 23-CF-1962, while he was on pretrial release

in cases 23-CF-1844, 23-CF-1845, 23-CF-1846, 23-CF-1871, 23-CF-1872, 23-CF-1873, 23-CF-

1874, and 23-CF-1875. The State also presented evidence from Sergeant Benjamin Massey of the

Decatur Police Department. Massey testified that he had reviewed the reports regarding the

defendant’s arrests.

¶ 15 Regarding Report # 23-011017, Massey testified that a burglary occurred to the In and Out

Convenience Store wherein a white male struck the window of the building, kicked the window

in, and then shoved a display rack out of the way so that he could enter through the broken window.

The man then took money from the cash registers, a coin change jar, and cigarettes. The owner of

the store identified the defendant as the person seen on video surveillance footage committing the

2 Macon County case Nos. 23-CF-1887, 23-CF-1888, and 23-CF-1962 do not have appeals pending before this court. The circuit court was aware of these cases and mentioned them at the hearing on the petition to revoke. Additionally, this court may take judicial notice of public court records. City of Centralia v. Garland, 2019 IL App (5th) 180439. 5 aforementioned acts. Massey testified there were additional incidents of burglary where the

defendant was the individual identified and then he was given a notice to appear for those crimes.

Defense counsel had no questions for Massey.

¶ 16 Defense counsel then argued that the circuit court was faced with a legal question, being

whether a notice to appear qualified as pretrial release. He argued that it did not and relied upon

section 110-6(e) of the Code (725 ILCS 5/110-6(e) (West 2022)). He further argued that the State

could have moved to detain the defendant initially but chose not to. In response, the State argued

that petitions to detain the defendant were not filed because the offenses charged were not

detainable offenses.

¶ 17 The circuit court announced that it had reviewed and considered the statutes and found that

the notice to appear did not meet the definition of conditions of pretrial release, so it found that the

defendant had to be released with conditions. The circuit court stated, “it would appear there is no

recourse when someone absconds and doesn’t come to court on their Notice to Appear dates, but

under the statute, I don’t think that it meets the requirements of conditions of pretrial release to be

revoked.” The circuit court then denied the motions to revoke pretrial release. The State filed a

timely notice of appeal in each case.

¶ 18 II. ANALYSIS

¶ 19 The issue on appeal is whether the circuit court was authorized by the Code to revoke the

defendant’s pretrial release. This is a question of statutory construction that is reviewed de novo.

People v. Taylor, 2023 IL 128316, ¶ 45.

¶ 20 On appeal and in the lower court, the parties focus on conditions of pretrial release.

However, before examining whether conditions of pretrial release were violated, we must first

examine what pretrial release is and when it occurs.

6 ¶ 21 The primary goal when interpreting a statute “to which all other rules are subordinate, is to

ascertain and give effect to the intention of the legislature.” Jackson v. Board of Election

Commissioners of Chicago, 2012 IL 111928, ¶ 48. The best indication of the legislative intent is

the plain language of the statute. Jackson, 2012 IL 111928, ¶ 48. “The statute should be evaluated

as a whole, with each provision construed in connection with every other section. When the

statutory language is clear, we must apply the statute as written without resort to other tools of

construction.” Jackson, 2012 IL 111928, ¶ 48.

¶ 22 Section 110-2 of the Code is titled “Pretrial release.” Section 110-2(a) provides:

“(a) All persons charged with an offense shall be eligible for pretrial release before

conviction. It is presumed that a defendant is entitled to release on personal recognizance

on the condition that the defendant attend all required court proceedings and the defendant

does not commit any criminal offense, and complies with all terms of pretrial release ***.

Pretrial release may be denied only if a person is charged with an offense listed in Section

110-6.1 and after the court has held a hearing under Section 110-6.1, and in a manner

consistent with subsections (b), (c), and (d) of this Section.” 725 ILCS 5/110-2(a) (West

2022).

¶ 23 Section 110-6.1 of the Code sets forth when pretrial release may be denied. Of note, section

110-6.1(c) sets forth when a petition to deny pretrial release may be filed, and states:

“(c) A petition may be filed without prior notice to the defendant at the first

appearance before a judge, or within the 21 calendar days ***, after arrest and release of

the defendant upon reasonable notice to defendant; provided that while such petition is

pending before the court, the defendant if previously released shall not be detained.” 725

ILCS 5/110-6.1(c)(1) (West 2022).

7 This section contemplates two scenarios. First, if a person is arrested and held in jail pending their

first appearance before a judge, the State must file, at the time of the first appearance or before, its

petition to detain the defendant until trial. The second scenario is applicable only to those persons

who were arrested and released. If a defendant is arrested and released, the State has 21 calendar

days to file a petition to detain him until trial.

¶ 24 In each of the present cases before us, the defendant was arrested and released on his own

personal recognizance. Although the defendant had not yet appeared before the circuit court, the

plain language of the Code establishes that the defendant was on pretrial release.

¶ 25 Next, we turn to when pretrial release may be revoked. Section 110-6 of the Code governs

revocation of pretrial release, modification of conditions of pretrial release, and sanctions for

violations of conditions of pretrial release. Section 110-6(a) provides:

“(a) When a defendant has previously been granted pretrial release under this

Section for a felony or Class A misdemeanor, that pretrial release may be revoked only if

the defendant is charged with a felony or Class A misdemeanor that is alleged to have

occurred during the defendant’s pretrial release after a hearing on the court’s own motion

or upon the filing of a verified petition by the State.

***

The court before which the previous felony matter or Class A misdemeanor is

pending may revoke the defendant’s pretrial release after a hearing. During the hearing for

revocation, the defendant shall be represented by counsel and have an opportunity to be

heard regarding the violation and evidence in mitigation. The court shall consider all

relevant circumstances, including, but not limited to, the nature and seriousness of the

violation or criminal act alleged. The State shall bear the burden of proving, by clear and

8 convincing evidence, that no condition or combination of conditions of release would

reasonably ensure the appearance of the defendant for later hearings or prevent the

defendant from being charged with a subsequent felony or Class A misdemeanor.” 725

ILCS 5/110-6(a) (West 2022).

¶ 26 The plain language of section 110-6(a) establishes that if a defendant, while on pretrial

release, commits a subsequent felony or Class A misdemeanor, said pretrial release may be

revoked. Additionally, to revoke the pretrial release, the State bears the burden of proving by clear

and convincing evidence only that no condition or combination of conditions of release would

reasonably ensure the appearance of the defendant for later hearings or prevent the defendant from

being charged with a subsequent felony or Class A misdemeanor. This is a lower threshold as

compared to the requirements set forth in section 110-6.1 to detain a defendant after the initial

arrest.

¶ 27 III. CONCLUSION

¶ 28 In the present case, the circuit court made an error of law when it determined that it was

not authorized by the Code to detain the defendant under the circumstances set forth above.

Accordingly, we reverse and remand for the circuit court to conduct a new hearing on the State’s

petitions to revoke the defendant’s pretrial release.

¶ 29 Reversed and remanded.

9 People v. McClure, 2024 IL App (5th) 240027

Decision Under Review: Appeal from the Circuit Court of Macon County, Nos. 23-CF- 1844, 23-CF-1845, 23-CF-1846, 23-CF-1871, 23-CF-1872, 23- CF-1873, 23-CF-1874, 23-CF-1875; the Hon. Lindsey A. Craycraft, Judge, presiding.

Attorneys David J. Robinson, of State’s Attorneys Appellate Prosecutor’s for Office, of Springfield, for the People. Appellant:

Attorney Carolyn Ruth Klarquist, of State Appellate Defender’s Office, of for Chicago, for appellee. Appellee: