People v. Hartfield
Decision Date | 21 April 2022 |
Docket Number | Docket No. 126729 |
Citation | 2022 IL 126729,202 N.E.3d 890,460 Ill.Dec. 870 |
Parties | The PEOPLE of the State of Illinois, Appellant, v. Kelvin T. HARTFIELD, Appellee. |
Court | Illinois Supreme Court |
Kwame Raoul, Attorney General, of Springfield (Jane Elinor Notz, Solicitor General, and Michael M. Glick and Eldad Z. Malamuth, Assistant Attorneys General, of Chicago, of counsel), for the People.
James E. Chadd, State Appellate Defender, Catherine K. Hart, Deputy Defender, and Amy J. Kemp, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.
¶ 1 Defendant fired a gun at four police officers and was ultimately convicted of armed robbery ( 720 ILCS 5/18-2(a)(2) (West 2016)) and four counts of aggravated discharge of a firearm (id. § 24-1.2(a)(3)). The appellate court vacated three of the four aggravated discharge convictions and remanded for resentencing but otherwise affirmed. 2020 IL App (4th) 170787, 447 Ill.Dec. 817, 175 N.E.3d 185.
¶ 2 The central issue in this case is whether a single shot in the direction of multiple peace officers can support multiple convictions of aggravated discharge. We also address defendant's request for cross-relief.
¶ 4 There are three distinct legal issues before us. The appellate court sufficiently presented the facts in their entirety. Id. ¶¶ 10-36. We present only those relevant to our disposition.
¶ 6 Police suspected defendant of robbing a gas station. After locating defendant, four officers confronted him. Defendant ran. As he was running, he fired a gun in the direction of the officers. Officers returned fire. No officers were hit, but afterwards, they found what appeared to be bullet holes near where at least one of the officers had been standing. It is unclear how many shots defendant fired at the officers, but there is evidence that he fired more than one shot.
¶ 8 Defendant was arrested on July 27, 2016. The State sought, and was granted, six continuances so that it could obtain forensic analysis on fingerprint and DNA evidence.
¶ 9 On August 30, 2016, at the hearing on the State's first motion for continuance, defendant's case number was called. Defendant's counsel immediately objected in the following manner:
¶ 10 The Champaign County circuit court ultimately responded:
¶ 11 The State and the circuit court then addressed the State's outstanding motion to collect standards from defendant. The State renewed that motion, and the court instructed the State to prepare an order.
¶ 12 Defendant ultimately went to trial on March 6, 2017.
¶ 14 Defendant was charged with armed robbery ( 720 ILCS 5/18-2(a)(2) (West 2016)) and four separate counts of aggravated discharge of a firearm (id. § 24-1.2(a)(3)). The charging instrument included four counts. They were identical save for the name of the officer at issue in each count:
¶ 15 During closing arguments, the State recounted each officer's testimony that they had been fired upon by defendant. The State continued:
¶ 16 In its petition for leave to appeal to this court, the State acknowledged:
¶ 18 Prior to deliberations, the jury was instructed: "A person commits the offense of aggravated discharge of a firearm when he knowing[ly] discharges a firearm in the direction of a person he knows to be a peace officer, while the officer is engaged in the execution of his official duties."
¶ 19 The following instruction was then repeated, in its entirety, four times—once for each officer:
¶ 20 During deliberations, the jury sent the following note to the circuit court:
"Does suspect need to know there were 4 cops on the scene in the area where gun was fired [followed here by what appears to be a question mark, perhaps scribbled out] to be guilty of all four counts of [aggravated] discharge of firearm?
?
third Proposition: That the defendant knew that ______ was peace officer."
¶ 21 The circuit court and the State began discussing what the answer might be. The court at times treated the note as presenting a single question and at other times as presenting two questions. The State repeatedly referred to two "parts" that needed to be answered. The court tentatively concluded that the answer to the first question was "no," and in response, the State asked for the court to read the aggravated discharge jury instruction again. After doing so, the State agreed with the court's answer to the "first one." The State continued, however, by agreeing with the court's concern that the jury still had to find, beyond a reasonable doubt, as to each individual officer.
¶ 22 At this point, defense counsel interjected for the first time by saying: The circuit court and the State then began to discuss the "second question." The court presented an answer, noting that under this proposed instruction, the jury "may determine that two of the officers weren't in the line of fire, one was, two were, or three were." The State ultimately agreed with the court's second answer by saying, "I think that seems fair." Defense counsel did not give any input or make any indication that this answer was unsatisfactory. The court then noted defense counsel's objection before stating that the decision had been made. The following response was then sent to the jury:
¶ 23 The jury returned a guilty verdict on all five counts. In his posttrial motion, defendant wrote:
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