People v. Palmer

889 N.E.2d 244, 382 Ill. App. 3d 1151, 321 Ill. Dec. 340, 2008 Ill. App. LEXIS 487
CourtAppellate Court of Illinois
DecidedMay 23, 2008
Docket4-07-0620
StatusPublished
Cited by43 cases

This text of 889 N.E.2d 244 (People v. Palmer) 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. Palmer, 889 N.E.2d 244, 382 Ill. App. 3d 1151, 321 Ill. Dec. 340, 2008 Ill. App. LEXIS 487 (Ill. Ct. App. 2008).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In January 2006, a jury convicted defendant, Leon Palmer (who had earlier waived his right to counsel and had chosen to represent himself), of residential burglary (720 ILCS 5/19 — 3 (West 2000)). The trial court later sentenced him to 30 years in prison to be served consecutively with a sentence he had been serving.

Defendant appeals, arguing that (1) because a bona fide doubt existed as to his fitness, the trial court erred by allowing him to represent himself at trial without first ordering a fitness evaluation; (2) the prosecutor’s closing argument (a) improperly attacked defendant’s integrity and tactics and (b) impugned the exercise of his constitutional right to represent himself; and (3) the court abused its discretion by refusing to revoke defendant’s waiver of counsel for post-sentencing proceedings. Because we agree only with defendant’s third argument, we affirm and remand with directions.

I. BACKGROUND

Because defendant challenges neither the sufficiency of the evidence against him nor its admissibility, we discuss the evidence and the case’s procedural history only to the extent necessary to put his arguments in context.

In August 2001, the State charged John Doe (identified only by a description of his deoxyribonucleic acid (DNA)) with (1) residential burglary (720 ILCS 5/19 — 3 (West 2000)) (committed in August 2000), (2) two counts of aggravated criminal sexual assault (720 ILCS 5/12— 14(a)(2) (West 1998)), (3) unlawful restraint (720 ILCS 5/10 — 3(a) (West 1998)), and (4) aggravated battery (720 ILCS 5/12 — 4(b)(8) (West 1998)) (committed in July 1999). In June 2005, based upon a DNA match, the State moved to amend the charging instrument to allege that defendant was the offender. The State explained that it did not know the offender’s actual name when it filed the August 2001 charges. The trial court later granted the State’s motion to amend.

In August 2005, defendant appeared in court on these charges and stated that he wanted to represent himself. The court admonished him in accordance with Supreme Court Rule 401 (134 Ill. 2d R. 401) and accepted his waiver of his right to counsel.

In September 2005, the State advised the trial court that because defendant had an extensive criminal record, the possible sentences he faced upon conviction differed from those that the court explained to defendant when he waived his right to counsel. The court then informed defendant that it was going to readmonish him regarding his right to counsel and the correct penalties he faced. The court also explained that defendant had another opportunity to accept the appointment of the public defender’s office. After the court again admonished defendant pursuant to Rule 401, defendant (1) persisted in his intent to represent himself and (2) again declined the court’s offer of appointed counsel. Defendant also expressed his unhappiness with the proceedings, stating that they were “pointless.”

During the course of pretrial and posttrial proceedings, defendant pro se filed the following documents: (1) an August 2005 motion to dismiss indictment instanter; (2) an October 2005 motion for severance; (3) a November 2005 motion to dismiss charges; (4) a January 2006 motion to dismiss instanter; (5) a March 2006 motion to reduce his sentence and/or motion to reconsider his sentence; (6) a May 2006 petition for court-appointed counsel in relation to filing an amended motion, brief, and written argument in postjudgment proceedings; (7) a July 2006 petition for writ of coram nobis; (8) a July 2006 petition for relief from judgment; (9) a July 2006 petition to this court “for leave to [file an] interlocutory appeal”; (10) a January 2007 letter to the trial court requesting an extension of time to complete his research so that he could file an amended sentencing motion; and (11) a July 2007 motion to reduce his sentence.

In defendant’s October 2005 handwritten motion for severance, he wrote the following: “That the above said cases was [sic] alleged to have been committed years apart[,] and if said cases [are] allowed to be consolidated^] it will prejudice the jury.” Defendant prevailed on this motion, given that the State, in response, elected to try defendant only on the residential-burglary charge.

In defendant’s November 2005 pro se motion to dismiss, he “vehemently denie[d] having been anywhere near the alleged crime scene on the day of the event” and contended that the only evidence the State had against him were “the bloodstain and the semen [which] were years old when tested and finally reported[,] causing at least drying, contamination[,] and generally deterioration of the DNA sample.” He asserted that this DNA evidence, without corroboration, was insufficient to establish his guilt. The trial court denied this motion, and the case proceeded to trial.

During defendant’s opening statement at trial, he informed the jurors that his blood was present in the residence and that he would try to show them how it got there. He also told the jury that someone (whose name he did not know) who was related to the people who lived in the residence invited defendant into the house to drink a beer. When he dropped the beer, he cut his finger, and “a splatter got on the wall.”

The State then presented evidence that a window in a Decatur residence was broken out, and a bloodstain was left, apparently by the burglar, on a table inside the residence near the window. The family living in the residence testified (1) as to the circumstances surrounding the burglary, (2) that they did not know defendant, and (3) that he did not have permission to be in their residence. Police and expert testimony described how the bloodstain was processed and resulted in a DNA match for defendant. After the State rested, defendant declined to put on any evidence. Based on the evidence, the jury found defendant guilty of residential burglary.

At defendant’s February 2006 sentencing hearing, the trial court received the presentence investigation report (PSI), which showed that defendant was 50 years old and had eight prior felony convictions, with his first occurring 30 years earlier. Defendant’s convictions included two for residential burglary, two for burglary, and one for attempted burglary.

The State also presented testimony from a woman who stated that as she walked home in Decatur on an evening in July 1999, a man began speaking with her and then dragged her from the road. As she fought with him, the man hit her, knocking her unconscious. When she awakened, she was undressed and the tampon she had been wearing due to her menstruation had been removed. Decatur police officers later found her clothing and the tampon, and subsequent testing showed the semen stain found on the woman’s shorts matched defendant’s DNA profile.

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

Related

People v. Jones
2025 IL App (2d) 240375-U (Appellate Court of Illinois, 2025)
People v. Armstrong
2025 IL App (1st) 210723-U (Appellate Court of Illinois, 2025)
People v. Boyd
2025 IL App (1st) 231193-U (Appellate Court of Illinois, 2025)
People v. Prince
2024 IL App (2d) 230027 (Appellate Court of Illinois, 2024)
People v. Watts
2024 IL App (5th) 220644-U (Appellate Court of Illinois, 2024)
People v. Morgan
2023 IL App (4th) 220850-U (Appellate Court of Illinois, 2023)
People v. Harris
2023 IL App (4th) 220899-U (Appellate Court of Illinois, 2023)
People v. Battle
Appellate Court of Illinois, 2023
People v. Martin
2021 IL App (4th) 180267 (Appellate Court of Illinois, 2021)
People v. Kobiela
2021 IL App (4th) 190260-U (Appellate Court of Illinois, 2021)
People v. McNutt
2020 IL App (1st) 173030 (Appellate Court of Illinois, 2020)
People v. Neal
2020 IL App (4th) 170869 (Appellate Court of Illinois, 2020)
People v. Marzonie
2018 IL App (4th) 160107 (Appellate Court of Illinois, 2019)
People v. Green
2017 IL App (1st) 152513 (Appellate Court of Illinois, 2017)
People v. Anaya
2017 IL App (1st) 150074 (Appellate Court of Illinois, 2017)
People v. Henderson
2016 IL App (1st) 142259 (Appellate Court of Illinois, 2017)
People v. Kelley
2015 IL App (1st) 132782 (Appellate Court of Illinois, 2015)
People v. Scott
2015 IL App (4th) 130222 (Appellate Court of Illinois, 2015)
People v. Thompson
2013 IL App (1st) 113105 (Appellate Court of Illinois, 2013)
People v. Land
2011 IL App (1st) 101048 (Appellate Court of Illinois, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
889 N.E.2d 244, 382 Ill. App. 3d 1151, 321 Ill. Dec. 340, 2008 Ill. App. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-palmer-illappct-2008.