People v. Staple

932 N.E.2d 1064, 402 Ill. App. 3d 1098, 342 Ill. Dec. 603, 2010 Ill. App. LEXIS 743
Appellate Court of Illinois·Decided July 9, 2010·No. 4-09-0312·Published·Cited by 13 cases

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

In January 2009, a jury convicted defendant, Debra M. Staple, of (1) aggravated battery (720 ILCS 5/12 — 4(b)(18) (West Supp. 2007)) for striking a peace officer with her car door and (2) obstructing justice (720 ILCS 5/31 — 4(a) (West 2008)) for providing a false name in order to avoid arrest. In February 2009, the trial court denied defendant’s motion for acquittal or, in the alternative, a new trial and sentenced defendant to 10 years’ imprisonment for aggravated battery and 3 years’ imprisonment for obstructing justice, to run concurrently. In April 2009, the court denied defendant’s motion to reduce sentence. Defendant appeals, arguing the court erred by (1) denying defendant’s motion to continue to retain private counsel and (2) failing to comply with Illinois Supreme Court Rule 431(b) (eff. May 1, 2007). We affirm.

I. BACKGROUND

On April 29, 2008, at approximately 2 a.m., police approached defendant and her husband in their parked car as possible witnesses to a reported nearby shooting. Defendant denied hearing a gunshot; provided a false name for herself, apparently to avoid arrest on two outstanding warrants; refused to exit the car after police ascertained her true identity; attempted to close the car door, which the officers had ordered opened to try to remove her, thereby striking an officer standing within its sweep; and was then restrained and taken into custody by police with the use of pepper spray.

On April 30, 2008, the State charged defendant with (1) aggravated battery (720 ILCS 5/12 — 4(b)(18) (West Supp. 2007)) for knowingly making contact of an insulting or provoking nature with a known peace officer engaged in the execution of official duties and (2) obstructing justice (720 ILCS 5/31 — 4(a) (West 2008)) for providing the police a false name in order to prevent her own arrest. On May 5, at defendant’s arraignment, the court appointed an attorney for defendant. On June 3, defendant failed to appear for a hearing.

The trial court set trial for January 5, 2009. On that date, defendant moved for a continuance to retain private counsel. The motion stated, “[Defendant] has talked with one attorney, but he has not yet entered his appearance.” When she presented the motion to the court, defense counsel said, “At this point this morning [defendant], after the pre[ ]trial, informed me that she wants to hire private counsel. She said that she had spoken with someone but was not able to get that attorney in court this afternoon.” In response to the court’s inquiry into the identity of the attorney, counsel said, “Your Honor, she would not tell me. She said she didn’t feel like she could use that person’s name unless she’d actually hired that attorney.” The court noted “in [Champaign County case No.] 07[ — ]CF[—]349 [defendant] was in court in March of ’07, some close to two years ago. In [Champaign County case No.] 08[ — ]CF[—]818 [(this case)] she was in court May of ’08.” The court concluded defendant was “using this [request for private counsel] merely as a ploy to get a continuance” and denied the motion.

After a recess, defense counsel renewed the motion to continue, provided the name of the attorney defendant allegedly consulted, and stated defendant “was expecting that he would be able to be here to enter his appearance tomorrow morning at 9.” The trial court again expressed its doubts as to defendant’s motives and diligence, noted the case was set for trial that day, and expressed further doubts as to the availability of the named attorney. The court denied the motion. Moments later, during discussion of the parties’ witness lists, the court added:

“That’s another reason why the [c]ourt’s going to deny the Motion to [c]ontinue. The defense has writted [a witness] back from the Department of Corrections. He is here presently in our custody for trial today. Again, all this [defendant is doing is trying to delay a trial in this matter.”

The court did not address the motion further at trial.

For voir dire, the trial court addressed the entire venire, stating as follows:

“I want to go over some of the instructions with you now so that you can keep them in perspective as you listen to the testimony. I will continue to repeat these instructions throughout the course of the afternoon as we go through our jury selection.
The first instruction is that [defendant] is presumed to be innocent of the charges against her. This presumption remains with her throughout every stage of the trial and during your deliberations on the verdict and is not overcome unless, from all of the evidence in this case, you are convinced beyond a reasonable doubt that she is guilty.
The State has the burden of proving the guilt of [defendant] beyond a reasonable doubt, and this burden remains on the State throughout the case. [Defendant] is not required to prove her innocence.
In connection with that last sentence, this [defendant, as does every citizen, possesses an absolute right not to testify at her trial if she so chooses. If [defendant] chooses not to testify, you’ll receive an instruction that states the fact that [defendant] did not testify must not be considered by you in any way in arriving at your verdict.”

After further individual questioning of the venirepersons by the court, the State, and the defense about their families, whether they knew any of the parties involved in the case, and whether they could be fair and impartial, and after the parties exercised peremptory challenges, the court addressed the first venire panel, consisting of four potential jurors accepted by the parties, stating as follows:

“THE COURT: *** For the four of you, I want to go over again the instructions that we started with this afternoon.
The four of you understand that [defendant] is presumed to be innocent of the charges against her; that before [defendant] can be convicted the State must prove her guilty beyond a reasonable doubt; that [defendant] is not required to offer any evidence on her own behalfi;] and that if [defendant] chooses not to testify, her failure to testify cannot be held against her in any way.
The four of you understand those instructions; is that correct?
[THE JURORS:] (In unison) Correct.
THE COURT: And they answer in the affirmative.
And the four of you will follow those instructions; is that correct?
[THE JURORS:] (In unison) Yes.
THE COURT: Again, they answer in the affirmative.”

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People v. Staple, 932 N.E.2d 1064, 402 Ill. App. 3d 1098, 342 Ill. Dec. 603, 2010 Ill. App. LEXIS 743 (Ill. Ct. App. 2010).

932 N.E.2d 1064 (People v. Staple) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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