People v. Turner

620 N.E.2d 1030, 156 Ill. 2d 354, 189 Ill. Dec. 713, 1993 Ill. LEXIS 9
CourtIllinois Supreme Court
DecidedFebruary 18, 1993
Docket71162
StatusPublished
Cited by40 cases

This text of 620 N.E.2d 1030 (People v. Turner) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Turner, 620 N.E.2d 1030, 156 Ill. 2d 354, 189 Ill. Dec. 713, 1993 Ill. LEXIS 9 (Ill. 1993).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Following a jury trial in the circuit court of Macoupin County, defendant, Robert Turner, was found guilty of murder, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, kidnapping, unlawful restraint, and robbery (Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 1(a), 12 — 14(a)(1), (a)(2), 12-13(a)(1), 10-2(a)(3), 10-l(aXl), 10 — 3(a), 18 — 1). At defendant’s sentencing hearing, the jury found defendant eligible for the death penalty on the ground that there existed one or more of the aggravating factors set forth in section 9 — 1(b) of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1(b)). The jury found no mitigating factors sufficient to preclude a sentence of death. Accordingly, the trial court sentenced defendant to death.

On direct appeal, this court affirmed defendant’s convictions for murder, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, and robbery, vacated his convictions and sentences for kidnapping and unlawful restraint, vacated his death sentence and remanded the cause to the trial court for a new hearing on the second phase of defendant’s death sentence hearing. (People v. Turner (1989), 128 Ill. 2d 540, 573.) On remand, defendant elected to be resentenced by the trial judge. At the second capital sentencing hearing, the trial judge found that there were no mitigating factors sufficient to preclude a sentence of death. Accordingly, the trial court sentenced defendant to death. Defendant’s sentence has been stayed (134 Ill. 2d R. 609(a)), pending direct appeal to this court (Ill. Const. 1970, art. VI, §4(b); 134 Ill. 2d R. 603). We now affirm defendant’s sentence.

FACTS

The facts which underlie defendant’s convictions are discussed in detail in defendant’s first direct appeal (see Turner, 128 Ill. 2d 540) and will be repeated here only insofar as they are relevant to the issues raised in this present appeal. Additionally, in the interest of brevity, evidence at resentencing is presented in the analysis portion of this opinion.

ANALYSIS

The sole issue presented for our review is the propriety of defendant’s death sentence. At the outset, we note that the “[imposition of the death penalty requires an individualized assessment of the circumstances and character of the offender and the offense.” (People v. Tye (1990), 141 Ill. 2d 1, 29, citing Eddings v. Oklahoma (1982), 455 U.S. 104, 110-12, 71 L. Ed. 2d 1, 8-9, 102 S. Ct. 869, 874-75.) In reviewing the appropriateness of that sentence in a particular case, we will consider “whether the circumstances of the crime and the character of the defendant are such that the deterrent and retributive functions of the ultimate sanction will be served by imposing the death penalty.” (People v. Johnson (1989), 128 Ill. 2d 253, 280.) Where it is determined that a sentence is inappropriate or excessive, in light of the facts and circumstances of the particular case, this court has authority to vacate that sentence. See 134 Ill. 2d R. 615(b)(4); see, e.g., People v. Leger (1992), 149 Ill. 2d 355; People v. Gleckler (1980), 82 Ill. 2d 145; People v. Crews (1969), 42 Ill. 2d 60.

The power conferred upon reviewing courts to alter sentences imposed by trial courts, however, should be applied with considerable caution and circumspection. (People v. Taylor (1965), 33 Ill. 2d 417, 424.) In our review, we are mindful that the trial court ordinarily has a superior opportunity in the course of trial and hearing in aggravation and mitigation to make a more sound determination concerning the punishment to be imposed than does the reviewing court. People v. Gold (1967), 38 Ill. 2d 510, 518.

Defendant’s challenge to the propriety of his death sentence centers on the trial court’s consideration of aggravation and mitigation evidence. Under our sentencing scheme, the second phase of a death penalty hearing requires the jury or the court to weigh and balance any mitigating factors against the aggravating factors. (People v. Brownell (1980), 79 Ill. 2d 508, 534; see People v. Thomas (1990), 137 Ill. 2d 500, 538.) If there are no mitigating factors sufficient to preclude imposition of the death penalty, the court shall sentence the defendant to death. See Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1(h).

Defendant first contends that the trial court failed to properly balance the factors in aggravation and mitigation. Thus, defendant maintains, his death sentence should be vacated. He urges several points in support of his contention.

Defendant first argues that the trial court’s characterization of his prison inmate conduct as self-serving is inconsistent with the facts of the case. He cites to a portion of the court’s sentencing comments in which the trial judge stated that “[t]he Court considers that the prison conduct of the defendant was in preparation for his sentencing hearing and not a genuine change of heart.” Defendant points out that he was convicted and sentenced for the charged offenses in 1986. From 1986 to 1989, he was unaware that his death sentence would be vacated. Thus, he argues, it could hardly be said that his good conduct was in preparation for his sentencing hearing.

Defendant further asserts that the period of incarceration following his direct appeal and vacatur of his first death sentence can only be characterized as “continued favorable conduct” and not as an ingenuous attempt to show a change of heart.

As defendant correctly notes, favorable evidence of a defendant’s conduct while incarcerated is potentially mitigating and is, therefore, relevant and admissible at a capital sentencing hearing. (People v. Jones (1988), 123 Ill. 2d 387, 419; see Skipper v. South Carolina (1986), 476 U.S. 1, 90 L. Ed. 2d 1, 106 S. Ct. 1669.) However, the fact that evidence is potentially mitigating does not automatically render it sufficient to preclude a sentence of death.

Here, the trial court expressly stated that it considered “defendant’s inmate record as one of the population of the Illinois Department of Corrections since 1986 which shows only one infraction.” The court cited several other “specific examples [of mitigating evidence] to indicate that the court considered all of the evidence presented in mitigation.” The court concluded, however, that it found no credible, probative evidence which indicates that the defendant has the potential to be restored to useful citizenship.

We note that the court did not reference a time period as it related to the “change of heart” remark. Nonetheless, defendant asks us to accept that the remark referenced the entire post-conviction period. We decline to do so. It is clear from the court’s opening remarks at re-sentencing that the court was aware of the prior history and procedural posture of this case. Thus, we believe it reasonable to interpret the trial court’s remark concerning defendant’s change of heart as referencing only his post-remand conduct.

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Cite This Page — Counsel Stack

Bluebook (online)
620 N.E.2d 1030, 156 Ill. 2d 354, 189 Ill. Dec. 713, 1993 Ill. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-turner-ill-1993.