People v. Fonder
996 N.E.2d 745
Ill. App. Ct.2013Background
- Defendant Darnell M. Fonder was convicted after a jury trial of resisting a peace officer and criminal trespass to real property.
- The trial court instructed the jury using unmodified IPI Criminal 4th Nos. 22.13 and 22.14 for resisting arrest.
- The State charged felony resisting arrest under 720 ILCS 5/31-1(a-7) and asserted the need to show the defendant’s violation was the proximate cause of an injury to a peace officer.
- The jury found him guilty of resisting arrest and criminal trespass; aggravated battery was acquitted.
- The defense argued the proximate-cause element was omitted from the instructions, which would require reversal and a new trial; the trial court denied the acquittal motion.
- On appeal, the appellate court reversed and remanded for a new trial because the proximate-cause element had to be instructed for a felony resisting arrest, and the error affected the integrity of the trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proximate cause of injury to a officer must be in jury instruction for felony resisting arrest | Fonder argues proximate-cause element required | State contends no instructional error or that evidence shows proximate cause | Proximate-cause element must be instructed; reversal remanded |
Key Cases Cited
- People v. Sargent, 239 Ill. 2d 166 (2010) (plain-error and Rule 451(c) applicability in closing the gap for grave errors)
- People v. Ogunsola, 87 Ill. 2d 216 (1981) (grave error doctrine applies to essential jury instructions)
- People v. Hari, 218 Ill. 2d 275 (2006) (grave-error standard; nonwaiver of instruction defects)
- People v. Hale, 2012 IL App (4th) 100949 () (illuminates plain-error considerations in instruction defects)
- People v. Cervantes, 408 Ill. App. 3d 906 (2011) (importance of element-based sentencing considerations under Apprendi framework)