People v. Goodwin

• Decision Date: 21 April 2008
• Docket Number: No. 4-06-0354.,4-06-0354.
• Citation: 888 N.E.2d 140,381 Ill. App. 3d 927
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stephen G. GOODWIN, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

888 N.E.2d 140

381 Ill. App. 3d 927

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stephen G. GOODWIN, Defendant-Appellant.

No. 4-06-0354.

Appellate Court of Illinois, Fourth District.

April 21, 2008.

Justice MYERSCOUGH delivered the opinion of the court:

In February 2006, following a jury trial, the jury convicted defendant, Stephen G. Goodwin, of escape (720 ILCS 5/31-6(c) (West 2004)), unlawful possession of a converted vehicle (625 ILCS 5/4-103(a)(1) (West 2004)), burglary (720 ILCS 5/19-1(a) (West 2004)), aggravated kidnaping (720 ILCS 5/10-2(a)(2) (West 2004)), aggravated unlawful possession of a converted vehicle (625 ILCS 5/4-103.2(a)(7)(A) (West 2004)), and aggravated fleeing or attempting to elude a police officer (625 ILCS 5/11-204.1(a)(4) (West 2004)). In June 2005, at a pretrial hearing on a motion to receive a new attorney, the trial court held defendant in direct criminal contempt for an outburst of profanity. The court sentenced defendant to 180 days in the Macon County jail.

In March 2006, the trial court sentenced defendant to concurrent prison terms of 7 years for escape, 3 years for fleeing, 15 years for possession of a converted vehicle, and 30 years for aggravated kidnaping, all running consecutive to the sentence in another case.

Defendant appeals, arguing that (1) the trial court erred in making his contempt sentence consecutive to any future sentence which might be imposed; (2) his contempt sentence was excessive; and (3) the State failed to prove him guilty of kidnaping beyond a reasonable doubt. We affirm.

I. BACKGROUND

In April 2005, the State charged defendant with escape (720 ILCS 5/31-6(c) (West 2004)), unlawful possession of a stolen vehicle (625 ILCS 5/4-103(a)(1) (West 2004)), burglary (720 ILCS 5/19-1(a) (West 2004)), aggravated kidnaping (720 ILCS 5/10-2(a)(2) (West 2004)), aggravated unlawful failure to obey an order to stop (625 ILCS 5/4-103.2(a)(7)(A) (West 2004)), and aggravated fleeing or attempting to elude a police officer (625 ILCS 5/11-204.1(a)(4) (West 2004)). The unlawful-possession-of-a-stolen-vehicle charge was later amended to unlawful possession of a converted vehicle (625 ILCS 5/4-103(a)(1) (West 2004)), and the aggravated-unlawful-failure-to-obey-an-order-to-stop charge was amended to aggravated unlawful possession of a converted vehicle (625 ILCS 5/4-103.2(a)(7)(A) (West 2004)).

As is relevant to this appeal on the aggravated kidnaping charge, the information alleged that on April 3, 2005, defendant intentionally escaped from Decatur police officer Christopher Copeland and entered a Dodge Caravan with the intent to commit a theft. The information further alleged defendant knowingly and secretly confined Carmen Howard, a child under the age of 13 years, and refused to stop when Decatur police officer Chad Shull signaled for him to do so.

On June 10, 2005, at a pretrial hearing, defendant interrupted the proceedings several times complaining about his attorney. When the trial court refused to interrupt the discussion of other issues to address defendant's accusation that his attorney was "working with" the assistant State's Attorney, defendant said "[t]his mother-fucking court is crooked." The court immediately found defendant in direct criminal contempt and orally sentenced him to 180 days in the Macon County jail, stating:

"Mr. Goodwin, I find you are in direct criminal contempt of court for swearing by audibly saying `mother-fucker' in open court. I sentence you to 180 days in the Macon County [j]ail for contempt which sentence will run consecutive to the sentence you are currently serving and any other sentence that is subsequently imposed on you in the pending cases."

On June 20, 2005, defendant handed the trial court a letter apologizing for his outburst. That same day, defendant also verbally apologized to the court during a pretrial hearing on defendant's motion to proceed pro se.

On June 24, 2005, at a hearing on defendant's motion to dismiss count IV (aggravated kidnaping), the State asked the trial court to enter a written finding of direct criminal contempt. The court responded that it would consider defendant's letter as an oral motion to modify the sentence and to vacate the finding of contempt. The court stated:

"Again, Mr. Goodwin [(defendant)] * * * you have filed a written apology to the [c]ourt which I have now received. What I am going to do with respect to that is, I am going to take that as an oral motion to * * * modify the sentence and to vacate the finding of contempt and I'm going to take that under advisement at this time until, basically, we get done with the case. So, it will leave that—the possibility of me vacating all or part of the sentence and vacating the finding of contempt open so that it again that will be possible. If I don't do that right now, then, once 30 days passes, I can't do that; so, I'm leaving that possibility open right now * * * and I will prepare a written order, and I'll provide [a] copy of that to both [defendant] and you, [defense counsel], once I've prepared and filed that written order."

On June 27, 2004, the trial court entered a written order finding defendant in direct criminal contempt and sentencing him to 180 days in the Macon County jail, to be served "consecutive to [d]efendant's other sentence previously imposed." Although the "Findings" section of the written order referred to the oral sentence given on June 10 and the corresponding docket entry where the written order recited that the court had "sentenced [d]efendant to 180 days in the Macon County [j]ail to run consecutive to the sentence previously imposed in another case and any other sentences imposed in the future for criminal offenses charged in this case," the sentence contained in the decretal portion of the written order corrected what the court said orally on June 10, in its docket entry, and in the findings of the written order.

The "previously imposed" sentence referred to was for theft over $300. On March 8, 2005, the Macon county circuit court sentenced defendant to four years in the Illinois Department of Corrections (DOC) for that charge. Defendant asked to be released on a $100,000 recognizance bond for a week before he had to report to serve his sentence. He was given a three-day stay and ordered to report for his sentence on March 11, 2005. Defendant did not report and a warrant was issued for his arrest.

On February 6, 2006, the jury trial commenced on five charges (the State was granted a motion just before trial to nol-pros the burglary charge). Kevin Howard testified, as is relevant to this appeal, that on April 3, 2005, he and his 11-month-old daughter, Carmen, were sitting in a minivan belonging to Kevin and his wife Dorian, as it was idling in the driveway at 2822 Cardinal Drive. Kevin was in the driver's seat and Carmen was in a child's car seat, facing forward, belted to the seat directly behind the driver's seat. The windows behind the front doors of the van were tinted.

Kevin saw a man, whom he identified as defendant, being chased by a police officer. Defendant ran up along side the van, crossed in front of it, then ran around the house. Kevin got out to see what was happening. He left his door open. He headed back to the van, but saw defendant again. This time, defendant jumped into the driver's seat of the minivan, shut the door, and locked the doors. The evidence at trial conflicted on whether the driver's window of the van was open and whether, as defendant drove off in the van, Kevin yelled that there was a child in the car or "stop, get out of my car."

The evidence at trial indicated that defendant drove away, accelerating quickly, with the child still strapped in her car seat in the car. Kevin and Dorian chased on foot briefly, with Dorian screaming that there was a baby in the car. Decatur police officers Nathan Binkley and Christopher Copeland, who were attempting to take defendant in on the outstanding warrant, ran back to their squad car. Officer Chad Shull, who was also on the scene, gave chase in his patrol car, and Kevin and his sister-in-law got in another vehicle and also chased defendant. After driving a short way, Kevin and his sister-in-law asked some passersby whether they had seen the van. The passersby said they had seen the van and pointed Kevin and his sister-in-law in the direction they had seen it travel. Kevin spotted the van, which had no police cars behind it. Kevin and his sister-in-law turned around and followed the van, but they then lost sight of it.

Officers Nathan Binkley and Christopher Copeland also attempted to locate the van. They did find it, following it briefly before their commander called off the pursuit. Officers Chad Shull and Chad Larner pursued the defendant in the minivan for a longer time. During this time, defendant drove at speeds of 75 to nearly 100 miles per hour, ran red lights, crossed a median, and drove in oncoming traffic lanes to drive around stopped traffic. The pursuit was terminated by Sargent Squires (first name not in evidence). Officer Chad Shull and Chad Larner slowed and lost sight of the van, but they continued driving.

Shortly after that, Officer Chad Shull saw people pointing toward an apartment complex at the next intersection. Officer Chad Shull saw the van on the curb at that intersection. Officers Chad Shull and Chad Larner arrived at the van about the same time and found that Kevin had arrived before any police officers. Kevin had not seen the van since the first time he lost sight of it. Officer Chad Larner estimated that the van was out of his sight for about two minutes. The record indicates that Officer Chad Shull also lost sight of the van. Immediately after he arrived, Kevin removed Carmen from the van. Carmen was crying, and both parents noted that her face was red and splotchy, which is how it looked when she has been crying.

At trial, defendant testified in his own defense. He admitted...