2011 IL App (3d) 100301
Ill. App. Ct.2011Background
- Defendant Aristides De la Hera was convicted of speeding after moving radar clocked him at 40 mph in a 25 mph zone at the November 13, 2009 incident.
- Circuit court admitted evidence of the moving radar reading over defense objection.
- Defendant was convicted and sentenced to 90 days of court supervision and a $185 fine.
- Defendant did not file a posttrial motion before Appeal; he raised the issue on appeal.
- The State contends the issue is forfeited for not raising it in a posttrial motion; defendant argues otherwise.
- Illinois Supreme Court precedent requires a written posttrial motion to preserve issues for appeal in both jury and nonjury trials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether moving radar evidence preservation is forfeited | De la Hera forfeited by failing to file posttrial motion. | A bench trial issue need not be raised in posttrial motion to preserve appeal. | Forfeited; affirmed judgment. |
Key Cases Cited
- People v. Enoch, 122 Ill.2d 176 (Ill. 1988) (written posttrial motion required in both jury and nonjury cases)
- People v. Hillier, 237 Ill.2d 539 (Ill. 2010) (forfeiture for failure to file posttrial motion)
- People v. DiPace, 354 Ill.App.3d 104 (Ill. App. 2004) (post-Enoch authority on preservation; nuanced handling)
- People v. Crowder, 174 Ill.App.3d 939 (Ill. App. 1988) (preservation discussions prior to Enoch)
- People v. Larsen, 47 Ill.App.3d 9 (Ill. App. 1977) (pre-Enoch preservation doctrine for nonjury cases)
- People v. Hoffman, 381 Ill. 460 (Ill. 1942) (historical preservation rule cited by Tobin lineage)
- People v. Tobin, 369 Ill. 73 (Ill. 1938) (notes about preservation for nonjury trials prior to modern statute)