People v. Lampley
405 Ill. App. 3d 1
Ill. App. Ct.2010Background
- Defendant Bruce Lampley was charged with burglary in a jury trial; he was sentenced as a Class X offender to 14 years based on his criminal history.
- During jury selection, the court instructed the venire on presumption of innocence and related principles.
- The State moved to impeach defendant with five prior burglary convictions; the court deferred ruling on the motion in limine.
- Handelsman testified that items were stolen from her car; security guards testified to apprehension of a man matching defendant’s description.
- Fingerprint evidence linked defendant to the trunk, and surveillance video corroborated the theft narrative, though the video could not positively identify defendant.
- Defendant testified he found a wallet and phone and did not commit the theft; the State presented rebuttal testimony and concluded with a guilty verdict; the court denied post-trial motions and imposed the 14-year sentence with MSR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Montgomery motion ruling deficient | Lampley argues deferment harmed his defense | Delaying ruling prevented tactical decision on impeachment | Not reversible error; no structural flaw; affirmed conviction |
| Rule 431(b) questioning on Zehr principles | Failure to question individually violated Rule 431(b) | Defendant forfeited but argued plain error | Not reversible; substantial compliance; plain-error review supports affirmance |
| Excessive sentence | Court abused discretion given nonviolent history | 14 years excessive; disproportionate to offense | Not excessive; within statutory guidelines and justified by aggravating factors |
| MSR term for Class X offense | Three-year MSR term improper for Class 2 offense after enhancement | Pullen mandates two-year MSR in such mix | MSR term properly attached to enhanced Class X sentence; affirmed |
Key Cases Cited
- People v. Patrick, 233 Ill.2d 62 (Supreme Court of Illinois, 2009) (preservation and timing of ruling on impeachment evidence)
- People v. Averett, 237 Ill.2d 1 (Illinois Supreme Court, 2010) (plain-error review for deferred ruling on prior convictions)
- People v. Glasper, 234 Ill.2d 173 (Illinois Supreme Court, 2009) (431(b) error not automatic reversal; plain-error analysis)
- People v. Thompson, 238 Ill.2d 598 (Illinois Supreme Court, 2010) (amended Rule 431(b) not leading to automatic reversal; plain-error review)
- People v. Magallanes, 397 Ill.App.3d 72 (Ill. App. 1st Dist., 2009) (431(b) compliance and plain-error analysis in 431(b) violations)
- People v. Center, 198 Ill.App.3d 1025 (Ill. App. 1st Dist., 1990) (balancing aggravating/mitigating factors in sentencing)
- People v. Lee, 397 Ill.App.3d 1067 (Ill. App. 1st Dist., 2010) (MSR term interpretation alongside Class X enhancements)
- People v. Pullen, 192 Ill.2d 36 (Supreme Court of Illinois, 2000) (MSR term and aggregation after enhancement (voidness if exceeding max))