People v. Strickland

795 N.E.2d 793, 342 Ill. App. 3d 566, 277 Ill. Dec. 125
CourtAppellate Court of Illinois
DecidedAugust 6, 2003
Docket3-01-0775
StatusPublished
Cited by3 cases

This text of 795 N.E.2d 793 (People v. Strickland) 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. Strickland, 795 N.E.2d 793, 342 Ill. App. 3d 566, 277 Ill. Dec. 125 (Ill. Ct. App. 2003).

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Defendant, Robert Strickland, was charged with bringing contraband into a penal institution and aiding an escape. A jury found him guilty on both counts and the court sentenced him to concurrent terms of imprisonment of 24 years and 7 years, respectively. Defendant claims that the statute under which he was convicted is unconstitutional, that the court gave improper jury instructions, and that the State failed to prove him guilty beyond a reasonable doubt. We affirm.

Defendant’s cousin, John Shannon, was being held on double homicide charges at the Kankakee County jail. Shannon had access to a cellular phone hidden near his cell and called defendant on December 21, 1999. Shannon instructed defendant to go to a certain address, pick up a package, and deliver it to Melody Burdunice, a correctional officer employed at the Kankakee County jail. Defendant picked up the package and drove to Burdunice’s home. It appears that defendant had known Burdunice for two years and was aware that she was a Kankakee County department of corrections officer.

When defendant arrived, Burdunice asked him to accompany her to her room, where she received a call from Shannon. Burdunice told Shannon that the package, a facial tissue box, was too big to sneak into the prison. Shannon spoke with defendant and told him to return to his home.

Defendant returned home with the package, and shortly thereafter, Shannon called. Shannon instructed defendant to remove the object from the package and place it in a smaller box. Defendant opened the tissue box, removed some tissues, and discovered a gun wrapped among the tissues. Defendant placed the gun inside an empty videocassette tape box and wrapped it in clear tape to keep the box closed.

Later, Burdunice arrived at defendant’s home on her way to work at the jail. Defendant gave the box to Burdunice and she left. Minutes later, Shannon called and defendant assured him that Burdunice had picked up the package.

Early the next morning, an inmate at the jail used the gun to shoot a correctional officer and escape. That day, defendant was arrested at his home. Four days later, the escaped inmate was captured. Defendant was tried and convicted of causing another to bring contraband into a prison and aiding an escape.

I

Defendant first claims that the statute prohibiting a person from causing another to bring contraband into a prison is unconstitutional. Specifically, defendant argues that no person of ordinary intelligence can understand the meaning of the phrase “cause another,” rendering the statute unconstitutionally vague. Since we are evaluating the construction of a statute, our review is de novo. People ex rel. Birkett v. City of Chicago, 202 Ill. 2d 36, 46 (2002).

For defendant to prevail, he must show that the statute did not provide clear notice that his conduct was prohibited. People v. Jihan, 127 Ill. 2d 379, 385 (1989). When a statute is examined in light of the facts of the case and the statute clearly applies to the party’s conduct, then a constitutional challenge based on vagueness must fail. People v. Ryan, 111 Ill. 2d 28, 34 (1987).

The statute in question prohibits a person from bringing contraband into a prison or causing another to bring contraband into a prison. 720 ILCS 5/31A — 1.1 (West 2002). It does not define “cause,” and in the absence of a statutory definition, terms must be given their ordinary meaning. In re Application for Judgment & Sale of Delinquent Properties for the Tax Year 1989, 167 Ill. 2d 161, 168 (1995). “Cause” ordinarily means “[t]o bring about” or to “bring into existence.” Black’s Law Dictionary 213 (7th ed. 1999); Webster’s Third New International Dictionary 356 (1986); see People ex rel. Ryan v. McFalls, 313 Ill. App. 3d 223 (2000).

In a decision concerning a drug-trafficking statute, the Fourth District held that the phrase “causes to be brought into the state” was not unconstitutionally vague:

“The word ‘cause’ is a common word, easily understood. The statute indicates to any reasonable person that anyone who knowingly participates in a drug transaction as a result of which controlled substances are brought into this State for purposes of manufacture or delivery will be guilty of a criminal offense. *** The defendant’s role as a conduit was an essential link in the chain of events which culminated in the delivery of one ounce of cocaine *** in Springfield, Illinois.” People v. Govin, 213 Ill. App. 3d 928, 935 (1991).

The same reasoning applies in this case. The statute indicates that any person that knowingly participates in a transaction which results in contraband being brought into a prison will be guilty of a criminal offense. Defendant, by acquiring the gun, repackaging it, and giving it to Burdunice, played an essential role in the delivery of the gun to the prison. Since the statute prohibits defendant’s actions, his vagueness claim must fail.

II

Defendant next argues that he was denied his right to a fair trial because the court gave improper “double accountability” jury instructions that are not recognized by Illinois law. The trial court instructed the jury to find defendant guilty on the first count if the State proved that “the defendant, or one for whose conduct he is legally responsible, knowingly caused another to bring an item of contraband, to wit: a firearm, into a penal institution.” The instructions for the escape charge included similar language. Defendant argues that the phrase “or one for whose conduct he is legally responsible” was confusing and misleading.

When reviewing a claim based on improper jury instructions, we must first determine whether any error occurred. People v. Dennis, 181 Ill. 2d 87, 95-96 (1998). If we find an error in the jury instruction, we must determine whether, in spite of that error, the evidence of defendant’s guilt was so clear and convincing as to render the error harmless beyond a reasonable doubt. Dennis, 181 Ill. 2d at 96.

A. Contraband Charge

The State argued at trial that defendant was guilty of the contraband charge as a principal. The inclusion of instructions charging him as accountable, therefore, might have been confusing to the jury. Since the trial court may have erred by including the accountability instruction, we must consider whether the error was harmless.

The evidence established that defendant caused the gun to be brought into the prison. The State made no claim that someone for whom defendant was legally responsible committed the offense. Neither party argued the merits of the accountability instruction to the jury. We believe that the result would have been the same without the accountability instruction. The defendant’s guilt as a principal in the offense was clear and convincing; thus, the inclusion of the improper accountability instruction was harmless error beyond a reasonable doubt.

B. Aiding Escape Charge

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Bluebook (online)
795 N.E.2d 793, 342 Ill. App. 3d 566, 277 Ill. Dec. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strickland-illappct-2003.