People v. Boyd
| Decision Date | 16 March 2006 |
| Docket Number | No. 2-03-1358.,2-03-1358. |
| Citation | 845 N.E.2d 921 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jimmy A. BOYD, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Thomas A. Lilien, Deputy Defender (Court-appointed), Office of State Appellate Defender, Elgin, James K. Leven (Court-appointed), Chicago, for Jimmy Boyd.
Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Trent M. Marshall, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.
Two men broke into the home of Ernesto Quiles and Martha Zinda on the morning of January 12, 2003. One of the men repeatedly "pistol-whipped" Quiles and Zinda in the head and also shot Quiles twice. After Quiles was released from the hospital, he and Zinda reluctantly identified defendant, Jimmy A. Boyd, as the assailant who inflicted their injuries.
A jury found defendant guilty of one count of aggravated battery (720 ILCS 5/12-4(a) (West 2002)), one count of aggravated battery with a firearm (720 ILCS 5/12-4.2(a)(1) (West 2002)), and four counts of home invasion (720 ILCS 5/12-11(a)(3), (a)(5) (West 2002)). The trial court merged the charges into two counts of home invasion and imposed concurrent terms of 55 and 45 years' imprisonment (720 ILCS 5/12-11(c) (West 2002)). Defendant was acquitted of two counts of armed robbery (720 ILCS 5/18-2(a) (West 2002)).
Defendant appeals, arguing that (1) the delayed filing of the home invasion charges violated his speedy-trial rights and therefore his trial attorney was ineffective for failing to move for their dismissal; (2) the State failed to prove him guilty beyond a reasonable doubt; (3) the trial court incorrectly instructed the jury regarding eyewitness identification testimony; (4) the two convictions of home invasion violate one-act, one-crime principles; and (5) the 15-year sentencing enhancement for committing home invasion while possessing a firearm is unconstitutionally disproportionate to the penalty for aggravated battery with a firearm. The State concedes that one of defendant's home invasion convictions must be vacated on one-act, one-crime grounds, but the State disputes defendant's remaining claims, arguing that defendant waived the jury instruction issue.
We hold that trial counsel was ineffective for failing to invoke defendant's right to a speedy trial on the home invasion counts, and therefore, those charges must be dismissed. We further conclude that the evidence supports the jury's guilty verdict on the lesser-included offenses of aggravated battery and aggravated battery with a firearm and that the trial court did not commit plain error in instructing the jury. We reject defendant's assertion that he is entitled to a new trial. We reverse defendant's convictions of home invasion and remand the cause for the trial court to sentence defendant on the counts of aggravated battery and aggravated battery with a firearm. Our analysis renders defendant's remaining contentions moot. See Jackson v. Callan Publishing, Inc., 356 Ill.App.3d 326, 342, 292 Ill.Dec. 272, 826 N.E.2d 413 (2005) ().
We initially summarize the evidence presented at trial. Quiles testified that, in January 2003, he resided in a basement apartment in Addison with Zinda and the couple's daughter. Quiles had met defendant through a mutual friend, Tony Ogle, and had known defendant for approximately one year. Ogle and defendant lived together. At least once, defendant had the opportunity to overhear Quiles discussing cocaine dealing.
On January 9, 2003, defendant, Ogle, and a man named "Dave" helped Quiles move a couch and wide-screen television in Quiles's apartment. After the move, Quiles retrieved $500 from a safe in his bedroom to repay a loan to Dave. Defendant saw the transaction. While in the bedroom, Quiles showed defendant an aquarium containing exotic frogs.
Three days later, at approximately 7 a.m. on January 12, 2003, Quiles awoke to a loud crash in the living room. Quiles exited his bedroom and saw a person, whom he identified as defendant, holding a handgun to Zinda's head. An Hispanic man was also present, but Quiles did not recognize him. Defendant was wearing dark pants and a pullover sweatshirt with a "hood that kind of cover[ed his] eyebrows in a way." Defendant ordered Zinda and Quiles to the floor and asked for the location of "the safe." Quiles claimed that he did not own a safe, and defendant struck Zinda and Quiles in the head with the gun while demanding the location of the safe. Defendant's partner unsuccessfully searched for the safe in the bedroom and repeatedly reported that he could not find "the money." While standing in the hallway, defendant directed his partner to turn on a light that sat on the bedroom dresser.
Defendant and his partner grew frustrated, and defendant threatened to rape Zinda in Quiles's presence if the safe was not disclosed. Quiles explained that he did not disclose the location of the safe because it contained a gun as well as money, and Quiles feared getting shot. Quiles grabbed defendant's arm but "freaked out" and released him. Quiles testified that he "got a very good look" at defendant's face and recognized his voice and unique "sunken" eyes. Defendant again struck Quiles in the head with the gun, and defendant's partner exited the bedroom. Quiles heard two gunshots, felt his stomach burn, and felt something pass through his leg. Defendant and the Hispanic man left.
Before the paramedics arrived, Quiles directed Zinda "to tell the police that [Ogle's] boys did it." Ogle and defendant were members of the Simon City Royals street gang, which was affiliated with the Folks nation. Quiles had been a member of the Latin Kings gang when he was younger. Quiles was treated for several days in intensive care for the two gunshot wounds. Ogle visited Quiles in the hospital, and Quiles feared that Ogle was involved in the attack. Quiles also feared for the safety of his daughter and Zinda because they still resided in the apartment.
The police interviewed Quiles several times in the hospital. When Quiles was shown a photographic lineup that included defendant, Quiles did not identify defendant as the attacker but stated that he "might have been involved." At that time, Quiles was "100%" certain that defendant was involved, but he did not tell the police because he and his family felt vulnerable. At the start of one interview, Quiles asked an officer whether defendant was in custody. However, Quiles never requested police protection. Quiles assisted in the creation of a police sketch of the intruder, but he was not "up front" with the police about the intruder's identity because he was scared. Quiles told the police that Ogle's friends might have been involved but that defendant was an "okay friend."
On the date Quiles was released from the hospital, he telephoned the police and told them that defendant was the attacker. Quiles stated that he felt safe to discuss the incident only after he could walk and his family had moved and changed telephone numbers. Defendant was arrested. The police subsequently informed Quiles that he had been "caught on tape dealing cocaine." Quiles agreed to serve as an informant in drug investigations, but he insisted that his testimony was not influenced by any threats or promises of leniency. Quiles admitted to dealing approximately one ounce of cocaine per week during the previous year, but he denied any personal use. At trial, the parties stipulated that a metabolite of cocaine was detected in Quiles's urine at the hospital.
Zinda corroborated Quiles's testimony. She testified that, on the morning of the incident, a babysitter was watching the couple's daughter. Zinda and some friends had been out for early morning drinks and breakfast after work, and Zinda arrived home at 7 a.m. Zinda was sitting at her computer when she heard someone break the living room window. She "got a good look" at the intruder as he jumped through the window and walked toward her. He wore a dark blue jacket with a loose hood covering his head, and he carried a flat, dark gun. Zinda recognized the attacker as defendant, whom she met during the television move a few days earlier. Defendant grabbed Zinda's hair and neck and dragged her into the hallway while holding a handgun to her head. Zinda was "100%" certain that defendant was the attacker. Defendant asked Zinda, "Where is your boyfriend?" By that time, Quiles was standing in the hallway. Defendant struck Zinda and Quiles in the head several times with the gun after ordering them to lie prone on the floor. Photographs introduced into evidence showed that Quiles suffered two gunshot wounds and that Zinda's head injuries required several stitches.
Zinda stated that Quiles directed her to be vague when describing the man with the gun because they feared defendant's retaliation. Zinda identified defendant in the photographic lineup and told the police that the attacker with the gun appeared to be "[Ogle's] friend" who had "helped move the couch."
Addison police detective Brian Goss testified that he spoke with defendant at the police station about the incident. Defendant volunteered that he knew Quiles had been shot and that they had "part[ied] together" at Ogle's home in the past. Defendant said that Quiles often flaunted his wealth and bragged about his belongings. Defendant appeared jealous of Quiles. Defendant further asserted that Zinda had told him that people routinely stopped at the apartment's living room window, but she was unsure why. At trial, Zinda denied making any such statement to defendant.
Goss testified that,...
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