People v. Rogers

• Decision Date: 29 September 2015
• Docket Number: No. 2–13–0412.,2–13–0412.
• Citation: 49 N.E.3d 70
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Sandra D. ROGERS, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

49 N.E.3d 70

The PEOPLE of the State of Illinois, Plaintiff–Appellee

v.Sandra D. ROGERS, Defendant–Appellant.

No. 2–13–0412.

Appellate Court of Illinois, Second District.

Sept. 29, 2015.

Thomas A. Lilien and Paul Alexander Rogers, both of State Appellate Defender's Office, of Elgin, for appellant.

Michael G. Nerheim, State's Attorney, of Waukegan (Lawrence M. Bauer and Mary Beth Burns, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice HUTCHINSON

delivered the judgment of the court, with opinion.

¶ 1 In 2013, following a jury trial, defendant, Sandra D. Rogers, was found guilty of committing the offenses of attempted first-degree murder (720 ILCS 5/8–4(a)

, 9–1(a)(1) (West 2002)), home invasion (720 ILCS 5/12–11(a)(2) (West 2002)), and solicitation of murder (720 ILCS 5/8–1.1(a) (West 2002)). The trial court found that the home-invasion counts, based on great bodily harm, merged with the attempted-murder counts and imposed consecutive prison terms of 15 years for solicitation of murder, 22 years for the attempted murder of Rick Rogers, and 24 years for the attempted murder of Angela Gloria, Rick's wife. On direct appeal here, defendant challenges the effectiveness of her trial counsel and the trial court's authority to impose her sentence. We affirm.

¶ 2 I. BACKGROUND

¶ 3 On May 19, 2003, Rick and Angela were at home in Lincolnshire with their two children and two of Rick's children from a prior marriage to defendant. In the early morning hours, Rick and Angela were attacked by an individual wielding a hammer; they suffered severe head and facial injuries as a result of the attack. An investigation led police to arrest Jonathan McMeekin, and he was charged with two counts of attempted murder and other offenses. In July 2003, after giving a statement implicating defendant, McMeekin pleaded guilty to two counts of attempted murder, in exchange for the State's dismissal of the other charges as well as a sentencing cap of 35 years. The trial court later sentenced McMeekin to two consecutive 10–year prison terms.

¶ 4 In July 2003, a grand jury indicted defendant on two counts of attempted first-degree murder, four counts of home invasion, and one count of solicitation of murder. The indictment alleged that defendant, with the intent to kill Rick and Angela, knowingly entered their residence and performed a substantial step toward the commission of murder by striking both of them with a hammer. If further alleged that she asked McMeekin to also commit that offense. In November 2004, defendant entered a fully negotiated guilty plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970)

. Defendant agreed to plead guilty to the two attempted-murder charges, and, in exchange, the State agreed to nol-pros the remaining charges. Defendant and the State agreed to consecutive sentences of 18 years' imprisonment for one count and 12 years' imprisonment for the second count. Defendant did not move to withdraw her plea and did not file a direct appeal.

¶ 5 In March 2005, defendant filed a petition seeking relief under the Post–Conviction Hearing Act (725 ILCS 5/122–1 et seq.

(West 2004)), and the trial court summarily dismissed her petition. On appeal, this court held that defendant's postconviction petition set forth the gist of a claim of ineffective assistance of counsel and that therefore the trial court's dismissal at the first stage was improper. Accordingly, we reversed and remanded for further proceedings. See People v. Rogers, 372 Ill.App.3d 859, 310 Ill.Dec. 654, 866 N.E.2d 1256 (2007).

¶ 6 On remand, defendant filed a second amended petition for postconviction relief in April 2011, and the State filed a motion to dismiss. In September 2011, the trial court denied the State's dismissal motion and ordered it to file an answer. The trial court conducted a hearing in February 2012 and then took the matter under advisement. In May 2012, the trial court granted defendant's second amended postconviction petition. In doing so, the trial court vacated defendant's guilty plea; reinstated all of the charges against defendant; and ordered a trial on all of the charges. The trial court added, “Because of the relief being granted by [sic ] the Defendant, it is this court's belief that we go back to the status at the time of the presentation of the plea; and all time begins running as of that particular date.”

¶ 7 On July 6, 2012, the trial court conducted an arraignment hearing, during which it read the seven counts of the indictment to defendant. The trial court explained that the two counts of attempted first-degree murder were Class X felonies and carried sentences ranging from 6 to 30 years, or 30 to 60 if she were eligible for extended-term sentencing, in addition to mandatory supervised release. The trial court explained that the four counts of home invasion were Class X felonies and carried sentences ranging from 6 to 30 years, or 30 to 60 if she were eligible for extended-term sentencing, in addition to mandatory supervised release. The trial court then explained that the one count of solicitation of murder was a Class X felony and carried a sentence ranging from 15 to 30 years, or 30 to 60 if she were eligible for extended-term sentencing, in addition to mandatory supervised release. The trial court also addressed the prospect of serving the sentences consecutively, explaining that defendant “would first have to complete one sentence before [she] would begin to start the next sentence.” The trial court discussed its discretion to impose consecutive or concurrent sentences and fines.

¶ 8 On January 28, 2013, a jury trial commenced. The parties presented opening statements and during defendant's opening statement defense counsel indicated that McMeekin's accomplice was not defendant but rather was one of defendant's daughters. The State presented evidence from Rick reflecting that he and defendant were married in 1985 and had two children: Amber, born in June 1985, and Robin, born in December 1988. The marriage was dissolved in 1996, and the two children resided primarily with Rick in Libertyville. Defendant, who also lived in Libertyville, had regular visitation.

¶ 9 In June 1998, Rick married Angela. Rick and Angela lived in a two-story townhouse in Lincolnshire; the townhouse also had a basement. There was an emergency-exit window well in the basement bedroom. The window well was approximately four feet deep and covered by a metal grate on the backyard deck. Another emergency-exit window well was in a furnace area next to the bedroom. There were two entrances on the first floor. The front door faced the street, and a sliding glass door led from the family room to the backyard deck. The second floor had a master bedroom and bathroom suite, two more bedrooms, and one more bathroom. The stairs to the second floor led to a landing that faced the master bedroom.

¶ 10 Shortly after Rick and Angela married, Amber and Robin began residing with defendant; Rick had regular visitation and paid child support. Robin's testimony reflected that, in 2002, McMeekin moved into defendant's house; his family had temporarily moved to California. McMeekin was 15 to 16 years of age and was in a relationship with Robin, who was approximately 12 to 13 years of age. Defendant allowed McMeekin and Robin to share a bedroom, and they slept in the same bed. McMeekin continued to reside in defendant's home even after his family returned from California. In February 2003, Amber decided to reside with Rick and Angela. Amber told Rick that defendant was allowing McMeekin to sleep with Robin. In March 2003, Rick obtained a court order granting him primary custody of Amber and Robin. The order prohibited defendant from allowing Robin to have contact with McMeekin and also terminated Rick's child support payments. Pursuant to the court order, Robin went to live with Rick and Angela.

¶ 11 The State's witnesses included Sergeant James Hanley of the Lincolnshire police department. Hanley testified that, on May 19, 2003, in the early morning hours, he was on duty with Officer Volstad. At approximately 5 a.m., they were dispatched to investigate a report of someone in a house. As he approached the back door of Rick and Angela's house, he could hear yelling and screaming inside. When Hanley stepped inside, “immediately a young girl came running down the stairs yelling and screaming hysterically”; the “young girl” was later identified as Robin. As Hanley made his way upstairs to the master bedroom, he “could clearly see two people laying in bed, a female to the right facing a male to the left and they were laying in bed motionless covered in blood.”

¶ 12 Hanley described the layout of the townhouse and identified the locations where he observed blood spatter. Hanley called for an ambulance and additional police units; he also directed Volstad to take the children to a neighbor's house, clear the townhouse, and make everything safe. Paramedics transported Rick and Angela to the hospital, and Hanley stayed at the scene. On cross-examination, Hanley testified that he did not observe any blood on Robin as she came down the stairs.

¶ 13 John McReynolds, a firefighter and paramedic with the LaGrange fire department, testified regarding his treatment of the victims at the scene. Matthew Flanagan, a physician, testified regarding the rehabilitation consultation he provided to the hospital staff for Rick. Scott Vaughn, formerly a firefighter and paramedic with the Lincolnshire/Riverwoods fire department, testified regarding his treatment of the victims at the scene. He observed Rick's head injuries

and described them as life threatening; he transported Rick to the hospital. Jeremy Ziebka, a firefighter and paramedic with the Deerfield–Bannockburn fire protection district, provided substantively similar testimony regarding his treatment of Rick at the scene.

¶ 14 Brad Page, a deputy with the Lake County...