People v. Price
958 N.E.2d 341
Ill. App. Ct.2011Background
- In Jan. 2010, Price was charged with home invasion, three residential burglaries, and two aggravated batteries.
- A March 2010 trial yielded guilty verdicts on all six charges; posttrial motions were denied and sentences imposed in April 2010.
- Evidence showed Price and an accomplice robbed the Siefert home at about midnight, wearing masks and attempting to conceal identities.
- Defendant argued insufficiency of proof for home invasion, and that the residential-burglary convictions violated one-act, one-crime; he also claimed ineffective assistance for not challenging sentences.
- The trial court imposed concurrent terms: 12 years for home invasion, 8 years for each burglary, and 5 years for one aggravated battery after merging the second aggravated-battery conviction.
- The appellate court affirmed some aspects, vacated others, and remanded for amended sentencing consistent with its rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for home invasion | Price knew or had reason to know a person was present | No evidence Price knew anyone was in the dwelling | Sufficient evidence shown knowledge of presence |
| One-act, one-crime violation for residential burglary | Residential burglaries separate acts; not barred | All three burglaries carved from same entry act | Two residential-burglary convictions vacated; one stands |
| Effective assistance of counsel | Counsel failed to pursue a motion to reconsider sentence | Failure prejudiced defense by not challenging sentences | No failure to prove prejudice; sentences within range; no reversible error |
Key Cases Cited
- People v. Givens, 237 Ill.2d 311 (Ill. 2010) (standard for sufficiency review; deferential to jury)
- People v. Davison, 233 Ill.2d 30 (Ill. 2009) (Jackson v. Virginia sufficiency standard)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (proof beyond a reasonable doubt standard)
- People v. Hickey, 178 Ill.2d 256 (Ill. 1997) (knowledge may be inferred from circumstantial evidence)
- People v. Frisby, 160 Ill.App.3d 19 (Ill. App. 1997) (time of entry factors in knowledge of presence)
- People v. Tackett, 150 Ill.App.3d 406 (Ill. App. 1986) (entry timing supports knowledge inference)
- People v. King, 66 Ill.2d 551 (Ill. 1977) (act-based analysis for multiple convictions)
- People v. Rodriguez, 169 Ill.2d 183 (Ill. 1996) (mult acts can support multiple convictions)
- People v. McLaurin, 184 Ill.2d 58 (Ill. 1998) (home invasion and burglary not same act where injury is included)
- People v. Peacock, 359 Ill.App.3d 326 (Ill. App. 2005) (multiple acts may support separate convictions when not lesser-included)
- People v. Harvey, 211 Ill.2d 368 (Ill. 2004) (plain-error framework and one-act, one-crime implications)
- People v. Miller, 238 Ill.2d 161 (Ill. 2010) (two-step one-act, one-crime analysis; multiple acts vs. same act)