People v. O'NEAL

531 N.E.2d 366, 125 Ill. 2d 291, 126 Ill. Dec. 71, 1988 Ill. LEXIS 158
CourtIllinois Supreme Court
DecidedNovember 21, 1988
Docket66166
StatusPublished
Cited by141 cases

This text of 531 N.E.2d 366 (People v. O'NEAL) 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. O'NEAL, 531 N.E.2d 366, 125 Ill. 2d 291, 126 Ill. Dec. 71, 1988 Ill. LEXIS 158 (Ill. 1988).

Opinions

JUSTICE STAMOS

delivered the opinion of the court:

The defendant, John O’Neal, was indicted in the circuit court of Cook County, tried by a jury, and convicted of murder, rape and aggravated kidnapping. He was sentenced to terms of 40 years for murder, 20 years for rape, and 15 years for aggravated kidnapping. The term of imprisonment for aggravated kidnapping was to run concurrently with the term for rape, and those terms were to run consecutively to the term of imprisonment for murder. In a Rule 23 order (107 Ill. 2d R. 23), the appellate court reversed and remanded defendant’s conviction for murder, based on the trial court’s refusal to submit defendant’s tendered instruction on voluntary manslaughter. People v. O’Neal (1984), 122 Ill. App. 3d 1158 (unpublished order under Supreme Court Rule 23).

This court affirmed the reversal of the murder conviction. (People v. O’Neal (1984), 104 Ill. 2d 399.) Upon retrial, a jury convicted the defendant of murder. After hearing evidence in aggravation and mitigation the defendant was sentenced to a term of 40 years for murder, to run consecutively to the previous sentences for rape and aggravated kidnapping. In a Rule 23 order (107 Ill. 2d R. 23), the appellate court affirmed the murder conviction but modified the sentences to run concurrently rather than consecutively. (162 Ill. App. 3d 1165 (unpublished order under Supreme Court Rule 23).) We allowed the State’s petition for leave to appeal. 107 Ill. 2d R. 315.

The sole issue is whether the appellate court erred in modifying the trial court’s imposition of sentence from consecutive to concurrent terms.

The facts of this case are adequately set forth in both appellate court orders and in People v. O’Neal (1984), 104 Ill. 2d 399, and will be briefly stated here.

On November 29, 1981, the victim was driving her boyfriend home following an evening spent at her mother’s house watching television. When she was about to drop her boyfriend off at his home, two armed men, the defendant and Robert Hendricks, approached the car.

The victim testified that the defendant and Hendricks suddenly opened the front doors to the car and forced themselves into the car at gunpoint. Hendricks ordered the boyfriend to get into the backseat of the car with the defendant and directed the victim to slide over to the passenger side. Hendricks drove around for about one-half hour before pulling into an alley, where he parked the car. First, the gunmen ordered the boyfriend out of the car. Then, they ordered the victim to get out of the car and forced her to open the trunk. The defendant locked the victim’s boyfriend in the trunk.

The victim and both gunmen returned to the car, and Hendricks proceeded to drive around for two to three minutes before stopping in another alley. The defendant pulled the victim into the backseat of the car and raped her.

Hendricks and the defendant changed places. Hendricks removed his jacket, in which he had placed his gun and wallet, and placed it on the floor. While Hendricks was positioned on top of the victim, the defendant shot Hendricks in the head.

The defendant removed some money from Hendricks’ wallet and ran from the car. He immediately returned to the car, grabbed Hendricks’ gun and ran away again. After he was gone, the victim pushed Hendricks’ body off her and released her boyfriend from the trunk.

Her boyfriend wanted to call the police immediately, but the victim refused because she was too upset and frightened to talk to the police. Instead, they dropped Hendricks’ body in an alley and drove to the home of the victim’s sister, who phoned the police. The victim and her boyfriend gave statements to the police, and the victim was transported to a hospital for medical treatment. The defendant was arrested one month later.

The defendant’s testimony differed from the victim’s. He testified that he, Hendricks, and another man intended to rob the victim and her companion. The third man apparently left the scene before the victim and her boyfriend were approached.

As the boyfriend was getting ready to get out of the car, Hendricks, holding a gun, opened the door on the driver’s side. The defendant, also holding a gun, ordered the boyfriend back into the car. Hendricks drove the car into an alley and stopped. Hendricks and the defendant placed the boyfriend in the trunk of the car. Hendricks ordered the defendant to rape the victim. However, before the defendant could do so, Hendricks changed his mind and decided to be the first to rape her. As Hendricks was raping the victim, defendant reached for the gun that Hendricks placed under the seat. When Hendricks saw this, he grabbed the defendant by the arms and attempted to pull the defendant into the backseat. The defendant shot Hendricks in self-defense.

The defendant testified that he was afraid of Hendricks. He had met Hendricks one month prior to this incident. During this time, Hendricks forced the defendant to participate in several robberies and a purse snatching. On two occasions, Hendricks forced the defendant, at gunpoint, to perform deviate sexual acts upon him. Hendricks threatened the defendant’s life and the lives of defendant’s family if defendant told anyone about the incidents. Defendant stated that he had been warned prior to the incident at issue that Hendricks had a reputation for violence.

As indicated earlier in this opinion, the jury convicted defendant of murder. After hearing evidence in aggravation and mitigation, the trial court sentenced defendant to 40 years’ imprisonment for murder, to run consecutively to the terms of imprisonment for rape and aggravated kidnapping.

On appeal, the appellate court affirmed defendant’s murder conviction but modified the terms of imprisonment because the record revealed that based on the defendant’s age, background, family history, and a lack of significant past criminal behavior, defendant’s sentences should be modified to run concurrently rather than consecutively.

Citing People v. Perruquet (1977), 68 Ill. 2d 149, and People v. Perez (1983), 115 Ill. App. 3d 446, the People argue that the appellate court summarily modified defendant’s sentence without first determining that the trial court abused its discretion. We disagree.

Before imposing the lengthy consecutive sentences, the trial court acknowledged the evidence in aggravation and stated:

“This defendant exhibited, according to his own testimony, he was a career and casual armed robber. He exhibited in this case a savage disposition. He combined here several of the most violent crimes known to the social order, and after he had kidnapped and raped this helpless woman in a diabolical scheme, he shot, murdered and robbed his partner in crime, all very much in keeping with the disposition as a career armed robber that he admits to.”

While evidence in mitigation was also presented, the trial court did not address it.

Sentencing judges are vested with wide discretion so that reasoned judgments as to the penalty appropriate to the particular circumstances of each case can be accomplished. (People v. Hillenbrand (1988), 121 Ill. 2d 537, 566, citing People v. Younger (1986), 112 Ill. 2d 422, 427.) However, that discretion is not unfettered.

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Cite This Page — Counsel Stack

Bluebook (online)
531 N.E.2d 366, 125 Ill. 2d 291, 126 Ill. Dec. 71, 1988 Ill. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oneal-ill-1988.