2012 IL App (4th) 090840
Ill. App. Ct.2012Background
- Defendant was charged in December 2008 with three counts of first degree murder.
- On August 31, 2009, the State filed three additional charges on the day of trial: home invasion and two felony-murder counts.
- The jury convicted on the new charges after the State abandoned the original murder charges.
- Defendant was sentenced to 60 years on the felony-murder conviction (count V).
- Appellate review addressed speedy-trial rights, ineffective assistance of counsel (Krankel) concerns, and sentencing issues, with remand for Krankel inquiry and sentencing corrections.
- Supreme Court supervisory order prompted this court to address merit of the Krankel issues and related claims while affirming other rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial compliance for new charges | State could rely on Williams rule; new charges not ‘new and additional’ for speedy-trial purposes | New charges subject to compulsory joinder; delays attributable to original charges | Speedy-trial issue affirmed; charges not ‘new and additional’ under these facts |
| Ineffective assistance / Krankel inquiry | Kesinger's actions and communications could amount to ineffective assistance | Trial court failed to conduct adequate Krankel preliminary inquiry | Remanded to conduct adequate Krankel preliminary investigation into ineffective-assistance claims |
| Sentencing errors (factors and fines) | Court properly considered deterrence and aggravation | Inherent elements of home invasion improperly used as aggravating factors; miscalculated fines/credits | Sentence affirmed as to main issues; remand for proper credit and reduction of VCAF fine; correct count and remand for sentencing amendments |
| Pretrial credit and fine adjustments | Credit for 290 days and VCAF fine amount were correct | Errors in sentencing judgment | Remanded to amend sentencing judgment: apply $1,450 pretrial credit; reduce VCAF fine from $25 to $4; confirm 60-year term on count V |
Key Cases Cited
- People v. Maxwell, 148 Ill. 2d 116 (1992) (recognizes single murder offense may be charged in multiple ways; theory need not be alleged separately)
- People v. Williams, 204 Ill. 2d 191 (2003) ( Williams rule; avoid trial by ambush in joinder context)
- People v. Phipps, 238 Ill. 2d 54 (2010) (new and additional charges treated under same speedy-trial rule if based on same facts; notice matters)
- People v. Krankel, 102 Ill. 2d 181 (1984) (require preliminary inquiry into counsels’ ineffectiveness claims before appointing new counsel)
- People v. Moore, 207 Ill. 2d 68 (2003) ( outlines Krankel procedure and adequate inquiry)
- People v. Munson, 171 Ill. 2d 158 (1996) (discusses evidentiary relevance in evaluating ineffectiveness claims)