People v. Villa

932 N.E.2d 90, 403 Ill. App. 3d 309, 342 Ill. Dec. 199, 2010 Ill. App. LEXIS 684
CourtAppellate Court of Illinois
DecidedJune 30, 2010
Docket2-08-0918 Rel
StatusPublished
Cited by9 cases

This text of 932 N.E.2d 90 (People v. Villa) 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. Villa, 932 N.E.2d 90, 403 Ill. App. 3d 309, 342 Ill. Dec. 199, 2010 Ill. App. LEXIS 684 (Ill. Ct. App. 2010).

Opinion

JUSTICE JORGENSEN

delivered the opinion of the court:

On June 18, 2008, a jury found defendant, Victor Villa, guilty of aggravated battery with a firearm (720 ILCS 5/12 — 4.2(a)(1) (West 2006)) and aggravated discharge of a firearm (720 ILCS 5/24 — 1.2(a)(2) (West 2006)). On July 28, 2008, the trial court sentenced defendant to concurrent terms of 14 years’ imprisonment on the aggravated battery conviction and 5 years’ imprisonment on the aggravated discharge conviction. In addition, the court ordered defendant to pay $20,083 in restitution. On September 30, 2008, the court denied defendant’s motion to reconsider his sentence and, that same day, defendant appealed.

On appeal, defendant argues that the trial court erred in allowing him to be impeached with a previous delinquency adjudication or, alternatively, that he was denied effective assistance of counsel where counsel did not proffer a “proper objection” to that evidence. For the following reasons, we conclude that defendant’s prior adjudication was properly admitted and that counsel was not ineffective, and, thus, we affirm the judgment.

I. BACKGROUND

Prior to trial, defense counsel moved in limine to exclude defendant’s juvenile delinquency adjudication for burglary on the basis that it was more prejudicial than probative. The State noted that defendant was placed on 18 months’ juvenile probation on August 28, 2006, and that the crimes with which he was currently charged occurred less than one year thereafter, on August 8, 2007, while he remained on probation. The State asserted that it intended to use the adjudication only if defendant testified and, then, solely for purposes of impeachment. The trial court asked defense counsel:

“THE COURT: Is there any case law that says you cannot use a juvenile delinquency finding for impeachment?
DEFENSE COUNSEL: No. In fact, I believe the case law specifically says—
THE COURT: (Interrupting) Says you can? So we’re in the normal balancing.
DEFENSE COUNSEL: Yes.”

The court concluded that the juvenile adjudication was recent, that it involved an offense related to truth and veracity, and that its probative value outweighed any prejudice to defendant. The court denied defendant’s motion and ordered that the adjudication “will be allowed to be admitted for purposes of impeachment only if [defendant] should testify.”

At trial, the evidence showed that, on August 8, 2007, Adrian Cazares and three friends fought with defendant, outside defendant’s home in Belvidere, after one member of Cazares’s group threw something at Joe Follis, defendant’s friend. After the fight, Cazares returned home and his uncle, Luis Perez, was outside. At some point, a black truck with tinted windows drove by and slowed down, and shots were fired at the house. Perez was shot and taken to the hospital, where he remained for two days. The recovered bullets were determined to have been fired from the same firearm, likely a revolver.

On August 9, 2007, police photographed a vehicle matching the description of the vehicle from which the shots had been fired. The vehicle was parked in the driveway of defendant’s friend, Angel Hernandez.

On September 29, 2007, defendant, who had heard that the police were looking for him, voluntarily went to the Belvidere public safety building and provided a statement to the police. In the statement, defendant explained that, on August 8, 2007, at around 9:30 p.m., he was outside when Follis passed by on a bike. A car then passed, someone yelled “what’s up nigger,” and defendant heard a bottle smash on the ground. Defendant went inside his home to get a knife and, when he returned to the street, he was surrounded. Defendant swung the knife and was hit in the mouth. Someone pulled defendant down and started “beating the shit out of [him].” Defendant had lumps and bruises on his head, face, and elbows. When he got up, defendant’s attackers ran down the street, and defendant ran and saw Follis. Follis put his hand under his shirt and asked “should I blast them?” Defendant told him “no.” Defendant then called Hernandez and told him: “I got my ass whooped.” Hernandez said that he would be right there, and he drove a black SUV to meet defendant. Hernandez asked defendant if he was alright and then said “let’s ride around.” Defendant and Follis got into the SUV[ and Hernandez’s girlfriend was seated in the front passenger seat. Defendant stated that they drove to Cazares’s house and slowed down. Defendant saw several cars and people in front of the house. Defendant told Follis to “get them nigga’s.” Hernandez said “yeah, get them nigga’s.” Follis pointed his hand out the window and fired multiple shots.

Defendant’s statement clarified that he first saw that Follis had a gun when driving to Cazares’s. He explained that he, Follis, and Hernandez went to find Cazares because defendant was “really mad; I wanted to fuck them up.” Defendant stated that they did not discuss shooting Cazares, but that, when he told Follis to “get them nigga’s,” he meant to “blast them.” When asked why he was making the statement, defendant stated, “because it’s the truth and I want the best outcome for me and my mom.” Further, he added, “I am sorry about this man [and I] wish it had never happened. I wish I would’ve listened to my mom and stayed in my house that night.” Defendant acknowledged that the statement was freely and voluntarily given and that there were no threats or promises made and no mistreatment.

At trial, however, defendant, then age 18, testified that his September 29, 2007, statement was not accurate. He testified that Hernandez told defendant to forget about the fight and that they got into Hernandez’s car to drive Follis home. At Follis’s direction, however, they drove to Cazares’s house. Follis told Hernandez to slow down and then Follis rolled his window down and started shooting. According to defendant, everyone in the car was surprised. Defendant did not expect Follis to shoot at anyone and did not see a gun before Follis started shooting. It happened fast, and defendant was mad at Follis for doing it.

On direct examination, defendant testified that the police did not believe the truth and, so, while he agreed that he made the September 29, 2007, statement, he denied that it was all true. Significantly, defendant denied telling Follis to “get them nigga’s” or to “blast them.” According to defendant, he was scared because “[the police] were telling me that the State wasn’t going to believe me, you know. So [I] started telling them, you know, what had happened. But I started throwing some things in there, you know, to try to make my story believable.” When asked why he would sign a written statement that contained false information, defendant answered, “all I can say is I was scared. Fve never been in a situation like that before. I gave them that statement because, you know, they were saying that I was looking at prison time and stuff like that. I’ve never been in prison or nothing like that.” (Emphases added.)

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Related

People v. Morrow
2020 IL App (2d) 171042-U (Appellate Court of Illinois, 2020)
People v. Villa
2011 IL 110777 (Illinois Supreme Court, 2011)
People v. Rodriguez
945 N.E.2d 666 (Appellate Court of Illinois, 2011)
People v. Bond
942 N.E.2d 585 (Appellate Court of Illinois, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 90, 403 Ill. App. 3d 309, 342 Ill. Dec. 199, 2010 Ill. App. LEXIS 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villa-illappct-2010.