People v. Maya

• Citation: 2017 IL App (3d) 150079,88 N.E.3d 10
• Decision Date: 10 August 2017
• Docket Number: Appeal No. 3-15-0079
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Erick MAYA, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

2017 IL App (3d) 150079
88 N.E.3d 10

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Erick MAYA, Defendant-Appellant.

Appeal No. 3-15-0079

Appellate Court of Illinois, Third District.

Opinion filed August 10, 2017

Michael J. Pelletier, Peter A. Carusona, and Andrew J. Boyd, of State Appellate Defender's Office, of Ottawa, for appellant.

James W. Glasgow, State's Attorney, of Joliet (Patrick Delfino, Lawrence M. Bauer, and Gary F. Gnidovec, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

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

88 N.E.3d 13

¶ 1 Defendant, Erick Maya, appeals following his convictions for first degree murder, attempted first degree murder, and unlawful use of a weapon by a felon (UUWF). He argues that the circuit court abused its discretion both by admitting certain evidence of defendant's prior bad acts and by failing to provide the jury with an instruction limiting the use of such evidence. Alternatively, defendant contends that defense counsel was ineffective for failing to request that jury instruction. As a separate argument, defendant contends that the circuit court abused its discretion in finding that the transcript of certain Facebook messages qualified for the business records exception to the rule against hearsay. Finally, defendant argues that the circuit court failed to conduct a satisfactory inquiry under People v. Krankel, 102 Ill. 2d 181, 80 Ill.Dec. 62, 464 N.E.2d 1045 (1984), after defendant made pro se posttrial claims of ineffective assistance of counsel. We reject defendant's evidentiary claims as well as the related claim of ineffective assistance of counsel. However, we remand the matter so the circuit court may make a proper preliminary inquiry into those separate, pro se claims of ineffectiveness raised by defendant at the posttrial stage.

¶ 2 FACTS

¶ 3 On March 6, 2014, the State charged defendant by indictment with first degree murder ( 720 ILCS 5/9-1(a)(1) (West 2014)), attempted first degree murder ( 720 ILCS 5/8-4(a), 9-1(a)(1) (West 2014)), and UUWF ( 720 ILCS 5/24-1.1(a) (West 2014)). The indictment alleged that defendant shot Briana Valle, causing her death; it also alleged that defendant shot Alicia Guerrero with the intent to kill her. Defendant's trial commenced on September 9, 2014.¹

¶ 4 Guerrero testified that she and her family moved to 342 Emery Avenue in Romeoville in October 2013. Prior to that, they lived in a Chicago neighborhood by Cicero. Guerrero testified that her daughter, Briana, was born on July 21, 1998. In the summer of 2012, Guerrero had a Facebook account for herself under the name of Jessica Guerrero.

¶ 5 On August 24, 2012, Briana ran away from home. Guerrero immediately began searching for her and called the police. In her attempt to find Briana, Guerrero searched Briana's bedroom. In examining Briana's computer, Guerrero learned that Briana had been accessing Guerrero's own Facebook account. Guerrero saw that a number of messages had been exchanged between her account and a Facebook account under the name of Pandillero Diciochero. Guerrero had never sent a friend request to that account and had not personally participated in that exchange of messages.

¶ 6 Through the messages, Guerrero learned that the owner of the Pandillero Diciochero account lived in Cicero. Briana had been gone for over a week when Guerrero went to Cicero in search of her. After driving around for some time, Guerrero spotted a building she recognized from the Pandillero Diciochero Facebook account. Guerrero called the police. However, after the police investigated, they informed Guerrero that Briana was not there.

88 N.E.3d 14

¶ 7 The next day, Guerrero convinced the building's superintendent to allow her into the apartment. Briana was not there. However, soon thereafter, the renters of the apartment arrived. They told Guerrero that Briana was not there but was located at an apartment a block away. Guerrero then gave that information to the police and returned home while police investigated. Later, Guerrero received a phone call from a number she did not recognize. She did not recognize the male voice on the phone. The individual told Guerrero that he needed to return Briana and that he would do so as long as Guerrero did not press charges. After that phone call, Guerrero learned from the Cicero police department that Briana had been found. The date was September 10, 2012.

¶ 8 Abisai Ortiz testified that he lived with his girlfriend, Cynthia Avila, and their daughter in Cicero. Prior to December 2013, Ortiz and Avila lived in an apartment at 1342 South 50th Avenue in Cicero for "more than four, five years." At some point during that period, Ortiz's brother, Andres, also lived with him and Avila. Andres was friends with defendant, and through Andres, defendant came to live at 1342 South 50th Avenue with Ortiz, Avila, and Andres for approximately one year. Ortiz identified defendant in court but indicated that he did not refer to defendant as "Erick Maya" but instead referred to him as "Little Green."

¶ 9 Ortiz identified a photograph of Briana. He recognized her because she had been to the apartment on 50th Avenue. On September 10, 2012, a woman came to the apartment. Ortiz learned that she was Briana's mother and that she was looking for her daughter. Ortiz told Guerrero that Briana had been in the apartment but that he did not know where she was at that moment.

¶ 10 Ortiz testified he had a Facebook account and was active on the service. He recognized an exhibit shown to him by the State as a printout of a Facebook page under the name Pandillero Diciochero. He recognized the printout because he was friends on Facebook with the Pandillero Diciochero account. Ortiz testified that that Facebook account belonged to and was used by defendant. The State also showed Ortiz a printout of a second Facebook account, this one under the name of Gangero Jente Difiesta. Ortiz was not Facebook friends with this account but recognized the individual in the profile picture as defendant.

¶ 11 Ortiz also testified that he owned a cell phone and that his phone number was (708) 953-2118. He shared his phone with defendant, often allowing defendant to borrow it at night. The phone had internet access and was equipped with the Facebook application. Ortiz further testified that he exchanged text messages with defendant. From his own phone, Ortiz would send the text messages to a number of (773) 349-2942, to which defendant would reply.

¶ 12 Avila testified that while she was living at the apartment on 50th Avenue, she met a girl named Briana, whom defendant had brought to the apartment. Avila met Briana in late August 2012. Defendant was proud and happy when Briana was around. In speaking with Briana, Avila learned that she had run away from home. Some time after that, a Cicero police officer appeared at the apartment, looking for Briana. Avila was unable to help because she did not know where Briana was at that particular time. Avila later met Guerrero when she came to the apartment looking for Briana.

¶ 13 Guerrero testified that Briana could not stop talking about a "Carlos" after she returned from Cicero. Guerrero told Briana

88 N.E.3d 15

to stop talking about him and confiscated her electronics. As time passed, Guerrero knew that Briana remained in contact with the individual. Guerrero testified: "When there's a will, there's a way. She'll find a way. She would sneak anything. She went to school and used people's phones. I got calls from him on my phone. I knew it was still continuing." Guerrero testified that the individual continued to contact her as well, and she came to recognize his voice. Guerrero learned from Briana that the individual's name was actually Erick Maya.

¶ 14 Guerrero testified that defendant's phone calls and text messages had been unceasing and that Briana had seen him around the neighborhood. In March 2013, fearing that defendant would attempt to influence Briana to leave again, Guerrero applied for an order of protection in Cook County on behalf of her and her family.

¶ 15 On February 14, 2013, Guerrero picked her daughter up from school. Briana was carrying balloons and flowers. Though Briana told her mother the gifts were from friends, Guerrero suspected they were from defendant. In September 2013, Guerrero noticed that Briana was wearing what appeared to be an engagement ring on her finger. The next month, Guerrero moved her family to Romeoville in an attempt to get away from defendant. Guerrero testified that Briana adjusted well to her new school and seemed to be making friends. At that time, Guerrero believed that Briana and defendant were no longer communicating.

¶ 16 In December 2013, Ortiz, Avila, and their daughter moved to an apartment at 5600 West Park Avenue in Cicero. Defendant moved in with them again. Avila testified that at that time, defendant was still in love with Briana. Later, however, he told Avila that Briana had "broken up with him because she was actually moving on to somebody else." Avila observed that defendant was very mad about the situation. Avila testified: "[H]e wanted to kill her. He would say that he wanted to kill her because * * * she was only supposed to be with him, only with him." He said that on more than one occasion. Defendant was also mad at Briana's mother, blaming her for Briana moving on. Avila testified that defendant was so angry that he would punch walls.

¶ 17 S.M. testified that she and Briana met and became friends while the two attended Romeoville high school. S.M. had a cell phone, and Briana once asked S.M. if she could use the phone to text someone. When S.M. began receiving text messages to her phone from a number she did not recognize, S.M. labeled that number in her phone as "Briana's guy." The phone number was (773) 349-2942. When S.M. received messages from that number, she would show them to Briana the next day.

¶ 18 In December 2013, S.M. saw...