People v. Martinez

• Decision Date: 31 July 2003
• Docket Number: No. 1-01-3757.,1-01-3757.
• Citation: 342 Ill. App.3d 849,795 N.E.2d 870,277 Ill.Dec. 202
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Juan MARTINEZ, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

795 N.E.2d 870

342 Ill. App.3d 849

277 Ill.Dec. 202

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Juan MARTINEZ, Defendant-Appellant.

No. 1-01-3757.

Appellate Court of Illinois, First District, Fourth Division.

July 31, 2003.

Rehearing Denied September 11, 2003.

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender, Chicago (Robert Hirschhorn, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, John E. Nowak and Colin Dunn, of counsel), for Appellee.

Justice HARTMAN delivered the opinion of the court:

A jury convicted defendant Juan Martinez of home invasion, residential burglary, and first-degree felony murder of his co-felon Raymond Medrano, but found him not guilty of attempted murder and aggravated battery with a firearm. He was sentenced to concurrent terms of 30 years for first-degree felony murder and 10 years for home invasion. On appeal defendant contends that: (1) he was convicted improperly of first-degree felony murder because the shooter's actions were lawfully justified; (2) he was deprived of the effective assistance of counsel; and (3) his conviction and ten year sentence for home invasion must be vacated because it was a lesser included offense of felony murder.

Manuel Andrade testified that in the early morning hours of November 12, 1999, he and his roommate, Francisco Garcia, were sleeping in their apartment at 315 East Kensington. Prior to going to bed, Andrade had locked both the bolt lock and the chain on his apartment door. The only way to open the bolt lock was with a key. Andrade was awakened by the sound of someone trying to open his apartment door. He grabbed a flashlight and his gun and saw defendant and Medrano trying to enter his apartment. They already had unbolted the door and were trying to unhook the chain. When Andrade asked them what they wanted, they broke down the door and entered the apartment. Medrano, who was wearing a mask, pointed a gun at Andrade and told him to hand over his money and gun. Defendant was not wearing a mask and did not have a gun. Andrade ran into the kitchen and started banging pots and yelling for help. When Andrade tried to hide behind the refrigerator door, Medrano threw objects that were on top of the refrigerator at him. Medrano then shot at Andrade five or six times, hitting him once in the arm. Andrade shot at Medrano. Medrano then ran out of the apartment. Defendant pointed his finger at Andrade pretending that he had a gun. Andrade yelled to Garcia who was hiding in a closet to get his other gun. Defendant then ran. Andrade walked out of his apartment door and saw Medrano lying on the ground outside the building.

Officer Keith Threatt testified that he responded to a call of shots fired at 315 East Kensington at 3:50 a.m. on November 12, 1999. At the scene he saw Medrano's body lying on the ground near the rear of the building. Medrano was dressed in black from head to toe, including black gloves and a black ski mask. Inside the apartment, Threatt found a wounded Andrade.

The parties stipulated that Medrano died from multiple gunshot wounds.

Joachim Torres, owner of the building at 315 East Kensington, testified that defendant previously had rented the same apartment occupied by Andrade. Defendant failed to return the apartment keys when he moved out and the locks were never changed.

On November 14, 1999, defendant gave a videotaped statement to the assistant states attorney. Defendant stated that on the morning of November 12, 1999, Medrano informed defendant of his plan to rob a house. Medrano planned to grab the homeowner in a headlock while defendant took the most valuable things from the apartment. When Medrano picked up defendant a few hours later, he gave defendant a mask and they proceeded to 315 East Kensington. The two men entered the apartment building and walked up to Andrade's apartment, the same apartment defendant had lived in a year earlier. As Medrano was knocking down the door, Andrade showed his gun. Medrano then showed his gun to Andrade. Defendant claimed that he did not know Medrano had a gun with him. Andrade began shooting. As soon as defendant heard gunshots he ran.

Defendant presented no evidence. The jury found defendant guilty of home invasion, residential burglary, and first-degree felony murder of Medrano and not guilty of attempted murder of Andrade and aggravated battery with a firearm against Andrade. Defendant unsuccessfully moved for a new trial. The circuit court merged defendant's conviction for residential burglary into his conviction for home invasion and sentenced defendant to concurrent terms of 30 years for first-degree felony murder and 10 years for home invasion.

I

Defendant first contends that his conviction for felony murder must be reversed because (1) the killing of Medrano was lawfully justified and therefore not within the statutory definition of felony murder; (2) the killing was not foreseeable; and (3) the jury was not instructed properly as to the elements of felony murder.

A

Defendant argues that his conviction for felony murder must be reversed because one of the essential elements of the offense, lack of lawful justification, was absent.

Pursuant to section 9-1(a)(3) of the Criminal Code of 1961 (720 ILCS 5/9-1(a)(3) (West 2000)) (section 9-1(a)(3)),

"[a] person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:

* * *

(3) he is attempting or committing a forcible felony other than second degree murder."

As the State points out, "without lawful justification" is not an element of the offense of first-degree murder in this case. See People v. Williams, 80 Ill.App.3d 963, 36 Ill.Dec. 112, 400 N.E.2d 532 (1980) (Williams); People v. Miscichowski, 143 Ill.App.3d 646, 97 Ill.Dec. 653, 493 N.E.2d 135 (1986) (Miscichowski). The words "without lawful justification" are a reference to affirmative defenses defendant could raise once charged. Unless a defendant presents some evidence of such an affirmative defense, the State's proof is complete without evidence that the act was without lawful justification. Williams, 80 Ill.App.3d at 969, 36 Ill.Dec. 112, 400 N.E.2d 532; Miscichowski, 143 Ill.App.3d at 653, 97 Ill.Dec. 653, 493 N.E.2d 135.

In the case at bar, defendant never raised any affirmative defenses or presented any evidence showing that his actions were legally justified. Defendant argues that because the actual shooter was the intended victim and his use of deadly force was legally justified, the absence of justifiable force became an element in this case. It is undisputed that Andrade acted in self-defense and defense of his dwelling and therefore was justified when he shot Medrano. According to defendant, the State's proof placed this element at issue.

Defendant posits that because the actual shooter was legally justified when he killed Medrano, the killing does not fall within the statutory definition of felony murder. Defendant's argument seems to rest on an "agency" theory of the felony murder doctrine; i.e. because the actual shooter was justified in shooting the co-felon then defendant was justified as well. Under such a theory "`the doctrine of felony murder does not extend to a killing, although growing out of the commission of the felony, if directly attributable to the act of one other than the defendant or those associated with him in the unlawful enterprise.'" People v. Lowery, 178 Ill.2d 462, 466, 227 Ill.Dec. 491, 687 N.E.2d 973 (1997) (Lowery), quoting State v. Canola, 73 N.J. 206, 374 A.2d 20, 23 (1977). Our supreme court has held unequivocally, however, that Illinois follows the proximate cause theory of felony murder as opposed to the agency theory. People v. Hickman, 59 Ill.2d 89, 319 N.E.2d 511 (1974) (Hickman); Lowery, 178 Ill.2d at 469, 227 Ill.Dec. 491, 687 N.E.2d 973; People v. Dekens, 182 Ill.2d 247, 230 Ill.Dec. 984, 695 N.E.2d 474 (1998) (Dekens).

"Consistent with the proximate cause theory, liability should lie for any death proximately related to the defendant's criminal conduct." (Emphasis added.) Dekens, 182 Ill.2d at 252,230 Ill.Dec. 984,695 N.E.2d 474. Therefore, defendant is subject to the felony murder doctrine if the "decedent's death is the direct and proximate result of the defendant's felony." Dekens, 182 Ill.2d at 252,230 Ill.Dec. 984,695 N.E.2d 474. Under the proximate cause theory the fact that the victim is a co-felon is immaterial. Dekens, 182 Ill.2d at 252,230 Ill.Dec. 984,695 N.E.2d 474 (defendant's felony murder conviction upheld where decedent was a co-felon who was killed by the intended victim of the defendant and co-felon); People v. Rhoden, 299 Ill.App.3d 951, 234 Ill.Dec. 43, 702 N.E.2d 209 (1998). Application of the felony murder doctrine does not depend on the guilt or innocence of the person killed during the felony or on the identity of the person whose act caused the decedent's death. Dekens, 182 Ill.2d at 252,230 Ill.Dec. 984,695 N.E.2d 474. The committee comments to section 9-1(a)(3) state that:

"[i]t is immaterial whether the killing in such a case is intentional or accidental, or is committed by a confederate without the connivance of the defendant * * * or even by a third person trying to prevent the commission of the felony." 720 ILCS Ann. 5/9-1, Committee Comments—1961, at 15 (Smith-Hurd 2002).

In Hickman defendant and his co-felons fled after they were seen by police committing a burglary. An officer who was pursuing the burglars mistakenly was shot and killed by another officer, who mistook him for one of the burglars. Our supreme court rejected defendants argument that they could not be found guilty of felony murder "because the death of [the officer] was the result of a justifiable and lawful act by another police officer who was not acting in concert with the defendants nor in furtherance of their conduct." Hickman, 59...