People v. Martinez
Decision Date | 28 May 2013 |
Docket Number | Docket No. 113475. |
Parties | The PEOPLE of the State of Illinois, Appellee, v. Esteban MARTINEZ, Appellant. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Michael J. Pelletier, State Appellate Defender, Thomas A. Lilien, and Alan D. Goldberg, Deputy Defenders, and Darren E. Miller, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Elgin, for appellant.
Lisa Madigan, Attorney General, of Springfield, and John A. Barsanti, State's Attorney, of Geneva (Michael A. Scodro, Solicitor General, and Michael M. Glick and Karl R. Triebel, Assistant Attorneys General, of Chicago, of counsel), for the People.
[371 Ill.Dec. 316]¶ 1 This appeal presents the sole issue of whether the State may appeal from an order of the circuit court of Kane County denying its motion to continue trial and directing a verdict in favor of defendant, Esteban Martinez. The appellate court answered this question in the affirmative. For the reasons that follow, we affirm the judgment of the appellate court.
¶ 3 On August 9, 2006, defendant was indicted for committing aggravated battery (720 ILCS 5/12–4(a) (West 2010)) and mob action (720 ILCS 5/25–1(a)(1) (West 2010)) against Avery Binion and Demarco Scott. Defendant was arraigned on November 9, 2006.
¶ 4 The record reflects that between the time of arraignment in November 2006 and the date of defendant's trial in May 2010, a series of continuance motions was filed by both defendant and the State for various reasons.1 The instant appeal revolves around occurrences that took place on defendant's trial date of May 17, 2010. At 8:30 a.m., defendant's case was called for jury trial. At that time, the following colloquy occurred between the court, the prosecutor and defense counsel:
“THE COURT: This cause is set for jury trial this morning. It is 8:30, the time in which we are scheduled to start.
[The Prosecutor]: Yes, your Honor. At this time the State is not ready. We would be asking for a continuance even just for a few moments, or if we could have just a little bit longer to see if our witnesses are arriving. They are not here yet. I am hopeful that they will be here today.
THE COURT: Well, here's what I can do for you. * * * I don't wish to wait all morning long for these people to stroll in, but I will allow us to get started, but I won't swear the panels until I have a whole jury. How is that?
[The Prosecutor]: Yes, your honor. If we could not swear them, and before swearing them if I could have a momentary recess.
THE COURT: What I'll do is we'll pick a panel, send them back, pick the next panel, send them back, pick the last panel, send them back, pick your alternate or alternates, send them back. I'll give you ten minutes, bring them out and swear them in or move to dismiss your case if you wish.
[The Prosecutor]: Thank you, your honor.
¶ 5 After this exchange, the parties proceeded to select a jury. Upon conclusion of that process, the following exchange occurred:
“THE COURT: Counselors, I'm going to call all the cases that I had scheduled on my docket, which will give you a little extra time. Have your witnesses arrived?
[The Prosecutor]: No, your Honor, and the State does have a motion to continue that we would like to file with you.
THE COURT: Yes. Come on forward. All right. The People have filed a motion to continue.3
[The Prosecutor]: Your Honor, it is now 10:06. We have not seen the victim in this case, Demarco Scott, or another victim, Avery Binion, both witnesses. We are unable to proceed without them, and we would be asking for a continuance.
THE COURT: Have you sent the police to knock on their door?
[The Prosecutor]: I believe we've been checking on that and unable to locate them as of now. They also have cases that are up before your Honor this morning.
THE COURT: Yes, they have. And I will call People versus Avery Binion, Jr., 10 CC 20 * * * [and] People verses Demarco Scott, 10 CC 19. You have service on both these gentlemen?
[The Prosecutor]: Mr. Scott, I believe, was served some time ago. They both did appear last week in court, were given court orders to appear today.
THE COURT: Okay. Anything further you would like to say on your motion to continue?
[The Prosecutor]: No, your Honor.
In addition, the State's list of witnesses indicates twelve witnesses. Excluding Mr. Scott and Mr. Binion, that's ten witnesses. The Court would anticipate that it would take every bit of today and most of tomorrow to get through ten witnesses. By then the People may have had a chance to execute the arrest warrant body writs for these two gentlemen.
The Court will deny the motion for continuance. I will swear the jury in 15, 20 minutes. Perhaps you might want to send the police out to find these two gentlemen.”
¶ 6 The court then took a brief recess. When the proceedings resumed, the following exchange took place:
“THE COURT: Shall I bring the jury in to swear them in or would a continuance to 1:30 be of any help?
[The Prosecutor]: I'm not sure if it would be helpful or not. Obviously, the State would like the continuance to see if we can get our witnesses here.
THE COURT: My concern is will this be a further waste of time and that you're not going to get any cooperation out of these two witnesses?
[The Prosecutor]: Their whereabouts are unknown. We have had our officers look into it, and their whereabouts at this time are unknown. I do not know.
[The Prosecutor]: Okay. Your Honor, may I approach briefly?
THE COURT: Yes.
[The Prosecutor]: Your Honor, just so your honor is aware, I know that it's the process to bring them in and swear them in; however, the State will not be participating in the trial. I wanted to let you know that.
THE COURT: Very well. We'll see how that works. [The Prosecutor]: Yes, your Honor.”
[371 Ill.Dec. 319]¶ 7 According to the report of proceedings, “the jurors were duly sworn by the clerk.” The court then provided the jurors with general, preliminary instructions. Thereafter, the court indicated to the State that it could proceed in presenting its case in chief. The following exchange then occurred:
“[The Prosecutor]: Your Honor, respectfully, the State is not participating in this case.
[The Prosecutor]: Respectfully, your Honor, the State is not participating in this matter.
¶ 8 Upon the jurors leaving the courtroom, the following exchange occurred:
“[Defense Counsel]: Judge, the jury has been sworn. The State has not presented any evidence. I believe they've indicated their intention not to present any evidence or witnesses.
Based on that, Judge, I would ask the Court to enter directed findings of not guilty to both counts, aggravated battery and mob action.
THE COURT: Do the People wish to reply?
[The Prosecutor]: No, your Honor. Respectfully, the State is not participating.
THE COURT: The Court will grant a motion for a directed finding and dismiss the charges.”
¶ 9 The jury was then called back into the courtroom. The court stated:
The court then entered a written order stating that the “matter is dismissed.”
¶ 10 The State thereafter filed a certificate of impairment and a notice of appeal.
¶ 11 In the appellate court, the State argued that the circuit court abused its discretion in refusing to grant its motion for continuance on the day of trial. Defendant countered that the appellate court lacked jurisdiction over the State's appeal because defendant had been acquitted of the charges. In the alternative, defendant contended that the circuit court correctly denied the State's continuance motion.
¶ 12 Relying primarily upon our decision in People v. Deems, 81 Ill.2d 384, 43 Ill.Dec. 8, 410 N.E.2d 8 (1980), the appellate panel determined that, because jeopardy never attached in the proceedings held in the circuit court, that court's action was an appealable dismissal of the charges rather than a nonappealable acquittal. 2011 IL App (2d) 100498,...
To continue reading
Request your trial-
People v. Gaines
...v. United States , 420 U.S. 377, 388, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975) )); see generally id. (overturning this court's decision in People v. Martinez that, despite the rule jeopardy attaches when a jury is empaneled and sworn, jeopardy had not attached because Martinez " ‘was never at r......
-
Martinez v. Illinois
...erred in allowing the State's appeal, on the theory that jeopardy never attached because Martinez "was never at risk of conviction." 2013 IL 113475, ¶ 39, 371 Ill.Dec. 315, 990 N.E.2d 215, 224. Our cases have repeatedly stated the bright-line rule that "jeopardy attaches when the jury is em......
-
Martinez v. Ill.
...on the theory that jeopardy never attached because Martinez "was never at risk of conviction." 134 S.Ct. 2072 2013 IL 113475, ¶ 39, 371 Ill.Dec. 315, 990 N.E.2d 215, 224. Our cases have repeatedly stated the bright-line rule that "jeopardy attaches when the jury is empaneled and sworn." Cri......
-
Martinez v. Illinois
...erred in allowing the State's appeal, on the theory that jeopardy never attached because Martinez “was never at risk of conviction.” 2013 IL 113475, ¶ 39, 371 Ill.Dec. 315, 990 N.E.2d 215, 224. Our cases have repeatedly stated the bright-line rule that “jeopardy attaches when the jury is em......