People v. Kidd
7 N.E.3d 188
Ill. App. Ct.2014Background
- On May 15, 2007, Shandra Kidd was approached by plainclothes officers; she ran and Officer Charles Johnson pursued her. Kidd possessed a .38 revolver taken from an acquaintance.
- During the chase the revolver’s cylinder opened and cartridges fell; Kidd admitted pointing the gun at Johnson but denied pulling the trigger. Johnson testified Kidd pointed the gun and pulled the trigger multiple times; no bullets from the revolver were recovered as fired.
- Physical evidence: five unfired .38 cartridges from Kidd’s revolver were recovered on the street; a .38 revolver was recovered near Kidd; three 9mm spent casings also were found nearby (from other shots fired by police).
- At trial the jury convicted Kidd of attempted murder of a peace officer and unlawful possession of a weapon by a felon; she was sentenced to 40 years plus a 15-year firearms enhancement (total 55 years).
- Kidd appealed, arguing (1) insufficiency of evidence, (2) violation of Illinois Supreme Court Rule 431(b) during voir dire, (3) trial court erred by refusing to instruct on aggravated assault as a lesser included offense, and (4) sentence was excessive.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Kidd) | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted murder of a peace officer | Johnson’s testimony that Kidd pointed and pulled the trigger supports a rational jury verdict; evidence viewed in prosecution’s favor is sufficient. | Johnson’s account is incredible given the gun was empty, Kidd’s small stature, and officer backup; conviction should be reversed. | Affirmed: evidence sufficient; jury credibility determination upheld. |
| Compliance with Ill. S. Ct. Rule 431(b) (voir dire admonitions) | Court’s paraphrases conveyed the Zehr principles and jurors were asked to raise hands if they disagreed; compliance satisfied. | Trial court failed to ask whether jurors both understood and accepted the principles and omitted the specific admonition that defendant need not present evidence. | Affirmed: trial court’s wording sufficiently conveyed the principles and solicited disagreement. |
| Failure to instruct on aggravated assault as a lesser included offense | Aggravated assault is not a lesser included here or the evidence did not permit finding aggravated assault only. | Indictment and evidence supported aggravated assault instruction because Kidd admitted pointing the gun but denied pulling the trigger; jury could rationally find aggravated assault but not attempted murder. | Reversed: trial court erred by refusing the aggravated-assault instruction; error was not harmless—remand for new trial. |
| Excessive sentence | N/A at merits (People did not need to respond because conviction reversed) | Sentence excessive given rehabilitative potential. | Not reached (court reversed conviction and remanded). |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence)
- People v. Ceja, 204 Ill. 2d 332 (Ill. 2003) (two-step test for lesser included offense jury instructions)
- People v. Ross, 226 Ill. App. 3d 392 (Ill. App. Ct. 1992) (failure to give aggravated-assault instruction reversible where defendant aimed gun but did not fire)
- People v. Krueger, 176 Ill. App. 3d 625 (Ill. App. Ct. 1988) (lesser-included instruction warranted where evidence supported a showing defendants shot to frighten rather than to kill)
- People v. Kimball, 243 Ill. App. 3d 1096 (Ill. App. Ct. 1993) (refusal to give aggravated-assault instruction permissible where indictment and evidence alleged shooting at victim)
- People v. Jefferson, 260 Ill. App. 3d 895 (Ill. App. Ct. 1994) (no lesser-included instruction where evidence showed shots were actually aimed to kill)
- People v. Hamilton, 179 Ill. 2d 319 (Ill. 1997) (principles on when lesser included-offense instructions are required)