People v. Sanders

469 N.E.2d 287, 127 Ill. App. 3d 471, 82 Ill. Dec. 753, 1984 Ill. App. LEXIS 2302
CourtAppellate Court of Illinois
DecidedSeptember 14, 1984
Docket80-2829
StatusPublished
Cited by23 cases

This text of 469 N.E.2d 287 (People v. Sanders) 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. Sanders, 469 N.E.2d 287, 127 Ill. App. 3d 471, 82 Ill. Dec. 753, 1984 Ill. App. LEXIS 2302 (Ill. Ct. App. 1984).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Following a jury trial, defendant was convicted of murder and armed robbery, and was sentenced to concurrent terms of 50 and 30 years’ imprisonment. We reversed and remanded the judgments, finding plain error in the admission of certain statements (People v. Sanders (1982), 111 Ill. App. 3d 1, 443 N.E.2d 687), but the supreme court reversed our decision, holding that the plain error doctrine did not apply. (People v. Sanders (1983), 99 Ill. 2d 262, 273-74, 457 N.E.2d 1241.) Because our disposition did not reach all of the issues presented by defendant, the supreme court remanded with directions to consider those issues. Accordingly, we now address defendant’s contentions that: (1) the trial court failed to clarify questions from the jury and failed to supply a transcript requested by the jury; (2) the trial court failed to instruct the jury concerning lesser included offenses and circumstantial evidence; (3) defendant was not proved guilty beyond a reasonable doubt; (4) the prosecutor’s closing argument denied him a fair trial; and (5) the State violated his right to effective assistance of counsel by investigating the public defenders assigned to his case, and causing them to withdraw. Because the facts are set forth at length in our previous opinion, we forego repetition and discuss the facts only in the context of the remaining issues.

Opinion

Initially, we consider defendant’s contention that the trial court erred in its response to a question submitted to the court by the jury during its deliberations at the close of trial. The jury posed the following question in writing to the trial court:

“Ruling — if found guilty on one charge, is he, automatically, found guilty on the other charge? In other words, guilty on one and not guilty on the other?”

In response to this question, the court wrote:

“In answer to your question, you have two forms of verdict, ‘Guilty’ and ‘Not Guilty’ for each of the two charges. You must select one of the two forms of verdict for each of the two charges.” (Emphasis added.)

Defendant contends that the trial court’s answer was unresponsive because it “incorporated the general language of ‘you have two forms of verdict’ ” which, defendant argues, is tantamount to no response at all. We disagree.

Where the jury raises an explicit question on a point of law arising from facts over which there is doubt or confusion, the court should attempt to clarify the issue in the minds of the jury members. (People v. Morris (1980), 81 Ill. App. 3d 288, 290, 401 N.E.2d 284.) “This is true even though the jury was initially given proper instructions.” People v. Morris (1980), 81 Ill. App. 3d 288, 290-91, 401 N.E.2d 284; People v. Jedlicka (1980), 84 Ill. App. 3d 483, 491, 405 N.E.2d 844.

In the pending case, instructions were given to the jury in the exact form of Illinois Pattern Jury Instructions (IPI), Criminal, Nos. 7.01, 14.01 and 14.02 (2d ed. 1981), which represent the definition of murder, the definition of armed robbery, and the elements of armed robbery, respectively. The trial court also submitted four verdict forms to the jury: (1) guilty of armed robbery; (2) not guilty of armed robbery; (3) guilty of murder; and (4) not guilty of murder. Having so instructed the jury, the court’s subsequent admonition that the jurors “must select one of the two forms of verdict for each of the two charges” was, in our view, a direct and unambiguous response to the question presented, indicating that the jury should choose the appropriate form for the charge independently of the form chosen for the other charge. This information, taken as a whole, would sufficiently dispel any confusion the jury had about whether defendant could be “guilty on one [charge] and not guilty on the other.”

Moreover, we note that defendant did not object to the trial court’s written response to the jury’s question but in fact agreed that the response was proper. The pertinent colloquy before the trial court was as follows:

“The Court: Back on the record. I have discussed with the lawyers, in front of Mr. Sanders, the alternative responses that might be given to this particular question. I have decided, with no objections from either side, to give the following answer ***. Is that agreeable to both sides?
[The State]: Yes, your Honor.
Defense Counsel: Yes, Sir.” (Emphasis added.)

We finally note that defendant failed to preserve his argument on this issue in his motion for a new trial, which omission serves as a waiver on appeal. (People v. Thomas (1983), 116 Ill. App. 3d 216, 220-21, 452 N.E.2d 77.) For these reasons, defendant’s contention will be rejected.

Defendant further assigns error to the trial court’s decision to deny the jury’s written request to view, during deliberations, the transcript of the “first [trial] testimony” of defendant’s wife,. Beverly Sanders. Again, we cannot agree.

The allowance or refusal of a request by the jury for a transcript of testimony in connection with its deliberations is within the sound discretion of the trial court. (People v. Pierce (1974), 56 Ill. 2d 361, 363-64, 308 N.E.2d 577.) A request of this type may not be summarily rejected, however. In the exercise of its discretion, the trial court is charged with determining whether a review of testimony would be helpful or harmful to the jury’s deliberations. (People v. Bibbs (1981), 101 Ill. App. 3d 892, 898, 428 N.E.2d 965; People v. Singletary (1979), 73 Ill. App. 3d 239, 254, 391 N.E.2d 40.) A plausible starting point for this inquiry is whether the jury thinks that the testimony would be helpful and whether there is a possible basis for the jury’s belief. People v. Bibbs (1981), 101 Ill. App. 3d 892, 898, 428 N.E.2d 965.

In the pending case, we believe that the trial court properly exercised its discretion in denying the jury’s request. We particularly note the court’s discussion of this issue wherein the court fully explained the reason for its decision:

“The parties have discussed this, and I have reviewed it. The relevant consideration, among other things, the nature and complexity of the trial itself, the issues involved, the testimony of the particular witness in question, the time that the jury has been deliberating so far, and other factors that I think relate to this, and although I think I have discretion to grant the request, in my judgment, the jury has only been deliberating *** a little more than three and a half hours ***. The witness, Beverly Sanders, testified just yesterday.

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Bluebook (online)
469 N.E.2d 287, 127 Ill. App. 3d 471, 82 Ill. Dec. 753, 1984 Ill. App. LEXIS 2302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-illappct-1984.