People v. Sanchez
7 N.E.3d 69
Ill. App. Ct.2014Background
- Early-morning police visit (June 9, 2011) to a family home to interview Luis Sanchez about a nearby shooting; officers identified themselves and entered the living room.
- Officers testified Sanchez awoke, shouted, then punched Officer George Junkovic in the chest; Junkovic deployed a Taser and officers restrained and handcuffed Sanchez.
- Sanchez and family members testified officers forced entry, grabbed and threw Sanchez to the floor, tased and beat him, and that Sanchez did not strike any officer.
- The State charged aggravated battery of a peace officer; the jury convicted Sanchez of the lesser-included offense of resisting a peace officer and the trial court sentenced him to 364 days in jail.
- Sanchez appealed, arguing (1) resisting a peace officer is not a lesser-included offense of aggravated battery and (2) trial counsel was ineffective for not requesting a self-defense jury instruction.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Sanchez) | Held |
|---|---|---|---|
| Whether resisting a peace officer is a lesser-included offense of aggravated battery of a peace officer | The aggravated-battery charge (striking a known officer performing official duties) broadly encompasses resisting a peace officer | Resisting requires obstruction of an authorized act (typically an arrest); officers only came to interview, so resisting-arrest does not fit | Conviction affirmed: aggravated battery charging instrument sufficiently described resisting a peace officer; evidence supported the lesser offense |
| Whether trial counsel was ineffective for not requesting a self-defense instruction | Trial counsel’s choices were reasonable; no deficient performance because defense theory denied any use of force | Failure to request self-defense instruction prejudiced Sanchez | No ineffective assistance: counsel’s strategy was reasonable because Sanchez denied using force, so a self-defense instruction would contradict defense theory |
Key Cases Cited
- People v. Ceja, 204 Ill. 2d 332 (2003) (general rule that a defendant may not be convicted of an uncharged offense)
- People v. Kolton, 219 Ill. 2d 353 (2006) (evidence sufficiency step after charging-instrument determination)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged test for ineffective assistance of counsel)
- People v. Albanese, 104 Ill. 2d 504 (1984) (Illinois adoption of Strickland standard)
- People v. Jackson, 205 Ill. 2d 247 (2001) (presumption that counsel’s decisions reflect sound trial strategy)