People v. Gordon
408 Ill. App. 3d 1009
| Ill. App. Ct. | 2011Background
- On February 28, 2008, Joliet police stopped a vehicle for improper lane usage and failure to signal; defendant, front passenger, received a seat belt citation.
- A rear-seat passenger was arrested for unlawful possession of cannabis; the driver and other occupants were ordered to leave the scene after tow-arrangements were made.
- Defendant and another occupant refused to leave the scene, yelled profanities, and threatened officers, despite repeated orders to disperse.
- Defendant was arrested for obstructing a peace officer, a Class A misdemeanor, after failing to comply with officers’ directions to leave the area.
- An amended complaint charged defendant with knowingly obstructing a peace officer during the investigation, and the case proceeded to a bench trial on November 21, 2008.
- The trial court found defendant guilty, rejecting his credibility, and sentenced him; the appellate court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is failure to leave the scene after orders obstruction | State: defendant's refusal to disperse impeded officers in their duties. | Gordon: inaction alone does not constitute obstruction under 31-1(a). | Yes; inaction can constitute obstruction when it impedes officers' duties. |
| Appropriate standard of review for sufficiency of the evidence | State: any rational trier of fact could convict viewing evidence in the prosecution's light. | Gordon: standard should reflect disputed facts as in Smith/Collins approach. | Sufficiency review uses the rational-trier-of-fact standard viewing evidence in the light most favorable to the State. |
| Whether the charging instrument adequately alleged the offense | State: charging instrument correctly alleged obstruction in the context of the investigation. | Gordon: the instrument may impermissibly rest on a theory not stated or lacks a necessary act. | Not dispositive to reversal; the offense was supported by the evidence and standard sufficiency review applied. |
Key Cases Cited
- People v. Raby, 40 Ill.2d 392 (1968) (defines obstruct as 'to be or come in the way of')
- People v. Stoudt, 198 Ill.App.3d 124 (1990) (holding on charging deficiencies in resisting cases)
- People v. Synnott, 349 Ill.App.3d 223 (2004) (recognizes inaction can constitute obstruction under 31-1(a))
- People v. Meyer, 44 Ill.2d 1 (1969) (motion to disperse upheld in public-order context)
- People v. Collins, 106 Ill.2d 237 (1985) (standard for review of sufficiency: rational trier of fact)
- People v. McCoy, 378 Ill.App.3d 954 (2008) (affirming sufficiency with credibility determinations by trial court)