People v. Hill
949 N.E.2d 1180
Ill. App. Ct.2011Background
- Charge: one count of aggravated battery (720 ILCS 5/12-4(b)(8)) for biting Willie Ford in Macon County jail in Oct 2007.
- Trial: jury found Hill guilty in July 2008; sentenced to nine years in August 2008.
- Public-property issue: jail is government-owned; defense argued jail pod not public property; court took judicial notice of jail’s public-property status.
- Proceedings: Hill waived counsel, later moved pro se to dismiss on public-property grounds; motions denied.
- Post-verdict: defense filed new-trial and sentencing motions; appeal challenges conviction, jury instructions, and sentence credits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jail pod where the incident occurred was public property under the aggravated-battery statute. | People argued jail is public property because it is government-owned and used for a public purpose. | Hill argued government ownership does not render the location “public property” if the public does not have access. | Yes; jail is public property and the conviction stands. |
| Whether the trial court properly instructed the jury regarding judicial notice of public-property status. | People contended the court’s judicial notice was proper given the jail is public property. | Hill did not prevail; the instruction was proper. | Yes; no error in taking judicial notice and instructing the jury. |
| Whether Hill is entitled to additional sentence credit beyond what was awarded. | Hill seeks 50 additional days of credit (Feb–Apr 2008). | Record ambiguity requires review for credit between July 20 and Aug 27, 2008. | Partially granted; remand to determine eligibility for credit between July 20 and Aug 27, 2008; 50 days already accounted for in amended order. |
Key Cases Cited
- People v. Childs, 305 Ill. App. 3d 128 (1999) (public-property notion for aggravated-battery)
- People v. Ojeda, 397 Ill. App. 3d 285 (2009) (definition of public property beyond tax-funding alone)
- People v. Kamp, 131 Ill. App. 3d 989 (1985) (property not public solely due to taxpayer funding)
- People v. Ward, 95 Ill. App. 3d 283 (1981) (precedent on public-property scope)
- People v. Amigon, 239 Ill. 2d 71 (2010) (statutory interpretation—plain meaning)
- Beachem, 229 Ill. 2d 237 (2008) (definition of ordinary meaning of terms)
- Maggette, 195 Ill. 2d 336 (2001) (statutory interpretation principles)