People v. Jackson
2 N.E.3d 374
Ill. App. Ct.2014Background
- Defendant Mark A. Jackson was convicted by jury of attempted first degree murder and aggravated battery and sentenced to 60 years’ imprisonment.
- Victim Eddie Singer was stabbed multiple times at Neal Auto Parts on April 22, 2011; evidence showed a struggle and multiple stabbings.
- DNA testing showed a mixture of the victim’s and defendant’s blood on the victim’s clothes.
- Detective Hoyle testified that the defendant initially lied to police during a jail interview; the lie was not memorialized in writing or recorded.
- The appeal questioned (i) admission of lay opinion that the defendant lied, (ii) ineffective assistance due to trial counsel’s failure to object, (iii) whether the sentence was excessive, and (iv) miscalculation/remand of fines and fees and the $5-per-day credit.
- The appellate court vacated improper fines/fees, vacated DNA fee, and remanded for proper orders on fines, fees, and credit application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lay opinion evidence of lie admission | People contends error—lay opinion improperly influenced jury | Jackson argues plain error; prejudicial impact | Not reversible plain error; no structural error |
| Ineffective assistance due to no objection | People asserts no ineffective assistance | Jackson claims counsel’s failure to object was deficient | No deficient performance; strategic choice; effective assistance |
| Sentence within proper range | People argues sentence proper given prior felonies and threats | Jackson contends disproportionate weight on background and mental issues | Sentence within statutory range; not excessive |
| Fines and fees miscalculated; $5/day credit applied | People seeks proper imposition and credit application | Jackson argues clerks imposed fines without authority and credits apply | Vacated improper State’s Attorney fee, DNA fee, and all clerk-imposed fines/fees; remand for proper orders and credit application |
Key Cases Cited
- People v. Reed, 177 Ill. 2d 389 (1997) (mandatory nature of statutory fees; need for court order for per diem)
- People v. Nicholls, 71 Ill. 2d 166 (1978) (per diem not allowed without court order)
- People v. Piatkowski, 225 Ill. 2d 551 (2007) (plain error standard for unpreserved errors)
- People v. White, 2011 IL 109689 (2011) (closely balanced evidence in plain error analysis)
- People v. Thompson, 238 Ill. 2d 598 (2010) (structural errors; limited categories only)
- People v. Williams, 2011 IL App (3d) 100142 (2011) (clerk-related fines/fees and authority to impose)
- People v. Millsap, 2012 IL App (4th) 110668 (2012) (credit application of $5-per-day offset)
- People v. Unander, 404 Ill. App. 3d 884 (2010) (application of credits to fines/fees)
- Center, 198 Ill. App. 3d 1025 (1990) (sentencing factors and mitigation)
- Sweeney, 2012 IL App (3d) 100781 (2012) (trial court sentencing discretion)
- Brazziel, 406 Ill. App. 3d 412 (2010) (abuse of discretion standard in sentencing)
- Rippatoe, 408 Ill. App. 3d 1061 (2011) (plain error review framework)