People v. Salley

867 N.E.2d 1261, 373 Ill. App. 3d 106, 311 Ill. Dec. 275, 2007 Ill. App. LEXIS 452
CourtAppellate Court of Illinois
DecidedMay 3, 2007
Docket2-05-0625
StatusPublished
Cited by21 cases

This text of 867 N.E.2d 1261 (People v. Salley) 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. Salley, 867 N.E.2d 1261, 373 Ill. App. 3d 106, 311 Ill. Dec. 275, 2007 Ill. App. LEXIS 452 (Ill. Ct. App. 2007).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

Defendant, Michael D. Salley, was charged by indictment with robbery, armed robbery, aggravated robbery, and aggravated battery. 720 ILCS 5/18 — 1(a), 18 — 2(a)(1), 18 — 5(a), 12 — 4(b)(1) (West 2002). He pleaded guilty to armed robbery, and the other charges were dismissed. Following a sentencing hearing, the trial court sentenced defendant to 11 years’ imprisonment. The court found that defendant had inflicted physical harm while committing armed robbery, thereby triggering the truth-in-sentencing provisions of the Unified Code of Corrections (Code) (730 ILCS 5/3 — 6—3(a)(2)(iii) (West 2002)). Accordingly, the court ordered defendant to serve 85% of his 11-year term. The court subsequently denied defendant’s motion to reduce the sentence. Defendant appeals, arguing that the court erred in applying the truth-in-sentencing provisions where the statute’s requirement that the court find that great bodily harm was committed to “a victim” was not satisfied. He requests that we vacate the sentencing order and remand with instructions to issue a new order specifying that defendant is entitled to earn day-for-day good-conduct credit. 730 ILCS 5/3 — 6—3(a)(2.1) (West 2004). We affirm.

I. BACKGROUND

On July 27, 2004, defendant and Curtis Jones were charged by indictment with robbery, aggravated robbery, armed robbery, and aggravated battery in relation to an incident at Krispy Kreme Doughnuts in Glendale Heights on July 6, 2004. The robbery, aggravated robbery, and armed robbery counts each alleged that defendant and Jones took property “from the presence of Michelle R. Flanagan.” The aggravated battery count alleged that defendant and Jones “knowingly caused bodily harm to Raymond L. Jackson” by striking him in the head with a deadly weapon — specifically, a metal bar.

In providing the factual basis for the plea, the State proffered that Jackson would testify that, on July 6, 2004, he was working at the Krispy Kreme store when defendant and Jones entered the store through the drive-thru window. He would further testify that defendant approached him and told him to put up his hands. When Jackson did not comply, defendant struck him in the head several times with a pipe, causing Jackson to fall to the ground. The State also proffered that Flanagan would testify that she was working at the store that evening. She saw Jackson get struck and fall to the ground. Defendant and Jones then came into the office and ordered Flanagan to open the safe. Defendant took money out of the safe, as well as from several cash registers.

The State proffered that Detective Sherry Baley would testify that she interviewed defendant. Defendant stated that he told Jackson to put up his hands. When he did not comply, defendant hit him four or five times with the pipe until he felt that Jackson was no longer a threat. Defendant also admitted to Baley that he took money from the safe and the cash registers and that he and Jones divided the proceeds after they left the store.

At the sentencing hearing on January 20, 2005, Jackson testified that he was working at Krispy Kreme on July 6, 2004. He authenticated a videotape taken by a security camera during the incident and confirmed that he prepared and signed a victim impact statement. The videotape and statement were admitted into evidence. In his statement, Jackson stated that he experienced headaches following the incident and that he had suffered a broken arm and a fractured finger as a result of being struck by the metal bar.

Flanagan testified that she was working as a supervisor at Krispy Kreme on July 6, 2004. Jackson and Jones worked at the store. On the night of the incident, Jones was working at the store, but a few hours prior to the incident he left after “begging” Flanagan to let him leave early. He left at 1 or 2 a.m. Flanagan’s victim impact statement was admitted into evidence. In the statement, she stated that she had trouble sleeping after the incident and was fired from her job. According to Flanagan, Jones knew the code for the store’s safe.

Pamela Sorenson, general manager at Krispy Kreme, testified that she was not present at the store on the evening of the incident. According to Sorenson, prior to the incident, Jackson was a dedicated and hardworking employee. Afterwards, Jackson could not focus on his work and was afraid to work the third (i.e., night) shift. He was very jumpy. Sorenson subsequently hired a security guard for the third shift because she was unable to find anyone to work the shift.

Detective Baley testified that when she interviewed defendant, he admitted that he had entered the store through the drive-thru window and hit Jackson with the metal bar four or five times. Defendant’s demeanor was sullen, and he was not very forthcoming. He informed Baley that he had spent the stolen funds on clothes and shoes. Baley also interviewed Jones, who stated that he had planned the robbery and talked defendant into it. Jones also told Baley that defendant is his cousin. Glenda and Curtis Salley, defendant’s parents, testified in mitigation.

The trial court sentenced defendant to 11 years’ imprisonment with credit for 196 days served. Because defendant’s crime was an armed robbery, the court found that the truth-in-sentencing provisions applied and that good-conduct credit would be calculated at 4.5 days per month. The court noted that it contemplated that calculation in determining the sentence.

Defendant moved to withdraw his plea or, alternatively, to reduce his sentence. He alleged, in part, that the court erred in applying the truth-in-sentencing provisions based on the injuries to Jackson, because Jackson was not listed as a victim in the armed robbery charge to which defendant pleaded guilty. At a hearing on defendant’s motion, defendant withdrew his request to withdraw his plea. Following a hearing on defendant’s motion to reduce his sentence, the court denied the motion. Defendant timely appealed.

II. ANALYSIS

On appeal, defendant argues that the truth-in-sentencing provisions of section 3 — 6—3(a)(2)(iii) of the Code do not apply in this case. “Truth-in-sentencing” is a label applied to a change in the statutory method the Department of Corrections uses to calculate good-conduct credit. People ex rel. Ryan v. Roe, 201 Ill. 2d 552, 556 (2002). Under the Code, an inmate generally receives day-for-day good-conduct credit. See 730 ILCS 5/3 — 6—3(a)(2.1) (West 2002). However, where a defendant is convicted of armed robbery and the trial court makes a finding that the conduct leading to the conviction resulted in great bodily harm to “a victim,” the defendant shall receive no more than 4.5 days of good-conduct credit for each month of his or her sentence of imprisonment. 730 ILCS 5/3 — 6—3(a)(2)(iii) (West 2002). In other words, the defendant must serve at least 85% of his or her sentence and does not receive normal day-for-day good-conduct credit. Roe, 201 Ill. 2d at 556.

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Bluebook (online)
867 N.E.2d 1261, 373 Ill. App. 3d 106, 311 Ill. Dec. 275, 2007 Ill. App. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salley-illappct-2007.