People v. Gayden

• Decision Date: 21 February 2020
• Docket Number: Docket No. 123505
• Citation: 161 N.E.3d 911,2020 IL 123505,443 Ill.Dec. 259
• Parties: The PEOPLE of the State of Illinois, Appellee, v. Lanard GAYDEN, Appellant.
• Court: Illinois Supreme Court

2020 IL 123505

161 N.E.3d 911

443 Ill.Dec. 259

The PEOPLE of the State of Illinois, Appellee,

v.Lanard GAYDEN, Appellant.

Docket No. 123505

Supreme Court of Illinois.

Opinion filed February 21, 2020.

JUSTICE THOMAS delivered the judgment of the court, with opinion.

¶ 1 Following a bench trial in Cook County circuit court, defendant Lanard Gayden was convicted of unlawful use or possession of a weapon for possessing a shotgun "having one or more barrels less than 18 inches in length," in violation of section 24-1(a)(7)(ii) of the Criminal Code of 2012 (Criminal Code) ( 720 ILCS 5/24-1(a)(7)(ii) (West 2014)). Defendant was sentenced to two years in prison and one year of mandatory supervised release (MSR). Defendant appealed, arguing, inter alia , that his trial counsel was ineffective for failing to file a motion to suppress the evidence of his guilt. The appellate court declined to decide the ineffective assistance of counsel claim, finding that the record was insufficient to determine the issue. The appellate court noted that defendant could pursue collateral relief under the Post-Conviction Hearing Act (Act) ( 725 ILCS 5/122-1 et seq. (West 2014)).

¶ 2 Defendant filed a petition for rehearing, informing the appellate court that he lacked standing to file a petition for postconviction relief because he had completed his term of MSR while his appeal was pending. 2018 IL App (1st) 150748-U, ¶ 28, 2018 WL 1464694. Defendant also argued that the appellate court erred in finding that the record was insufficient to consider his claim of ineffective assistance of counsel. Id. In a modified opinion upon denial of rehearing, the appellate court held that, because defendant had not informed the court that he had been released from custody when he filed his appeal, the court would not consider this new argument upon rehearing. Id. The appellate court also found that defendant's argument concerning his ineffective assistance claim was impermissible reargument. Id.

¶ 3 This court subsequently allowed defendant's petition for leave to appeal. Ill. S. Ct. R. 315(a) (eff. Apr. 1, 2018).

¶ 4 BACKGROUND

¶ 5 Defendant was arrested on February 15, 2014, at 8952 S. Burley Avenue in Chicago. The arrest report stated the following. Officers were dispatched to a call of a man with a gun at 8952 S. Burley Avenue. Police officer Patrick Glinski knocked on the door of the listed address. Defendant answered the door holding a shotgun. Defendant was ordered to surrender the weapon. Defendant instead threw the shotgun and attempted to slam the door shut. Officer Glinski then breached the front door. While attempting to place defendant under arrest, defendant pulled away, disobeyed verbal commands, and stiffened his arms and body, causing Officer Glinski to conduct an emergency takedown.

¶ 6 After defendant was placed into custody, Sierra Keys, defendant's girlfriend, told the officers that she had had a verbal altercation with defendant, after which defendant retrieved a shotgun from the bedroom he shared with Keys. Defendant ordered Keys to pack up her belongings, while holding the shotgun and menacing Keys. Defendant became irate and threatened to put Keys in the trunk of his car if she did not comply with his commands. The officers arrived on the scene while Keys was packing. The officers recovered a loaded sawed-off shotgun with three live shells.

¶ 7 After defendant was transported to the police station for processing, the officers learned that the shotgun had been reported stolen from Des Moines, Iowa. Defendant waived his Miranda rights ( Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) ) and, when asked where he got the shotgun, stated that he bought it on the street. When asked about the modification to the shotgun, defendant replied that he "wanted to put an elephant handle to it." The arrest report reflected that defendant was charged with unlawful use of a weapon ( 720 ILCS 5/24-1(a)(7)(ii) (West 2014)), possession of a firearm without a valid Firearm Owner's Identification Card ( 430 ILCS 65/2(a)(1) (West 2014)), aggravated assault with a deadly weapon (720 ILCS 5/12(2)(c)(1) (West 2014)), and theft of lost/mislaid property (id. § 16-2).

¶ 8 The grand jury returned an indictment against defendant for unlawful use of a weapon for knowingly possessing or carrying a shotgun having one or more barrels less than 18 inches in length. Defendant proceeded to trial on that count, electing to waive his right to jury trial.

¶ 9 At trial, Officer Glinski testified for the State that he was on duty with his partner on February 15, 2014, when they received a dispatch concerning a man with a gun at 8952 S. Burley Avenue, a three-flat building. Glinski knocked on the exterior door of the building, then entered the door and went up to the third floor. When Glinski got to the top of the staircase landing on the third floor, he saw defendant, approximately five feet away in the threshold of the doorway, holding a shotgun. Defendant looked at Glinski, then threw the shotgun on the ground and slammed the door on Glinski. Glinski then knocked in the door and was able to detain defendant. There were two or three children and a woman in the room, as well as defendant. Glinski saw the shotgun that defendant had been holding on the floor. Glinski testified that he never saw anyone other than defendant touch the shotgun.

¶ 10 On cross-examination, Glinski testified that, at some point, there was at least one other man on the scene, but Glinski did not know where the man came from. Glinski said there were 8 to 10 officers on the scene.

¶ 11 Officer John Schaffer also testified for the State that, on February 15, 2014, he responded to a call of a person with a shotgun in front of 8952 S. Burley Avenue. When Schaffer arrived on the scene, he went to the third floor. There were already other Chicago police officers on the scene when Schaffer arrived. When Schaffer entered the apartment, he recovered the shotgun from the floor and unloaded it. The shotgun was a Remington 12-gauge with three live cartridges. Schaffer measured the barrel of the shotgun and determined that it was 17 ½ inches. The end of the barrel of the shotgun had been manipulated. It was uneven and gritty to the touch, as if it had been sawed off or somehow manipulated from its original state.

¶ 12 Shavonnetay Carpenter testified for defendant that she was a friend of defendant's and was with him around 10:10 p.m. on February 15, 2014. Carpenter testified that a woman named Sierra was also present, as well as a woman named Evelyn, a man named Ray, and someone else that Carpenter could not recall. Defendant's children were also there. Around 10:15 p.m., three Chicago police officers "bum rushed" the door of the apartment. The officers had guns in their hands aimed at defendant. Carpenter denied that defendant had stepped outside the front door to the apartment before the police rushed in. Carpenter also denied that defendant had a gun in his hands. Carpenter testified that there was no gun in the hallway or in the front room.

¶ 13 Defendant testified in his own defense that on February 15, 2014, he was at 8952 S. Burley Avenue with Sierra Keys, Shavonnetay Carpenter, defendant's roommate Raymond, and defendant's two children. Sierra's sister and her boyfriend were also back and forth. Defendant stated that, right before the police came through the front door, he was in the front room with Raymond, Cervante, and Evelyn. The front door was closed but was unlocked. When defendant heard commotion on his front steps, he went to the door to lock it but saw the doorknob turning and the door opening. Defendant closed the door, but the door was forced back by a hand sticking out with a gun. Defendant backed off, and an officer entered, followed by two more officers.

¶ 14 Defendant denied that he stepped out onto the landing with a gun in his hand prior to the door opening. Defendant denied that he threw a gun in his doorway upon seeing a Chicago police officer. Defendant denied that he remained standing in the front hall of his apartment, with a gun at his feet, as the officers came through the front door. Defendant denied that he ever had a gun that night or that he ever saw the gun that the officers recovered. Defendant did not see an officer walk out of the apartment with a gun and testified that he was "long gone" before the officers said anything to him about a gun.

¶ 15 Defendant testified that, when the officer entered his apartment, the officer immediately grabbed him and detained him. After two or three minutes, the officers took defendant out to the transport car.

¶ 16 In closing, defense counsel argued that the State did not prove its case beyond a reasonable doubt. Defense counsel pointed out that there were at least two other black men in the apartment, as well as three women and two children, when the police entered. Defense counsel noted that defendant was immediately put into custody, arguing that this gave the person who actually had the gun sufficient time to drop the gun and step back. Defense counsel argued that it was more reasonable to think that the police received the call, slammed through the door, and, in the confusion, grabbed the first adult male they saw. The officers put that person into the police car and then recovered the gun.

¶ 17 The trial court found defendant guilty. As noted, defendant was sentenced to two years in prison and one year of MSR. Defendant was discharged from MSR on February 10, 2016.

¶ 18 On December 12, 2016, defendant filed his opening brief in the appellate court, arguing, inter alia , that trial counsel was ineffective for failing to file a motion to suppress the shotgun. Defendant argued that a motion to suppress would have been granted because the police had clearly violated his rights under the fourth amendment when they entered his property " ‘without a warrant, probable cause, or exigent circumstances’ " and recovered the shotgun....