People v. Williams
947 N.E.2d 900
Ill. App. Ct.2011Background
- Williams was convicted of DUI and failure to yield; sentenced to 18 months conditional discharge with community service and alcohol treatment, and over $1,300 in fines and costs.
- Voir dire began March 10, 2009; amended Rule 431(b) governs; court admonished venire on three principles but did not expressly instruct that defendant may not have to testify and that failure to testify cannot be held against him.
- Jurors were questioned individually on several questions; defense raised no objections during voir dire.
- Evidence at trial included officer observations of intoxication, field sobriety tests (refused Breathalyzer), video of tests, and girlfriend’s testimony; defense presented limited testimony and did not call other witnesses.
- Appeal argued Rule 431(b) noncompliance requires automatic reversal or, alternatively, plain error; argued for additional per diem credit under 110-14(a).
- Court applied Thompson and Amerman to hold nonautomatic reversal for Rule 431(b) error and granted per diem credit of $5 for one day of presentence custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 431(b) compliance and automatic reversal | Williams seeks automatic reversal for noncompliance. | Williams contends plain error or automatic reversal. | No automatic reversal; plain-error review applied. |
| Plain error applicability of Rule 431(b) violation | Violation prejudiced fair trial; error warrants relief under plain error. | No shown bias; error not affecting fairness. | Plain-error relief denied; no demonstrated juror bias; conviction affirmed. |
| Per diem credit under 110-14(a) | Entitled to $5 per day for one day in custody. | Entitled; statutorily mandatory credit applies automatically. | Declared $5 per-day credit awarded against DUI fine. |
Key Cases Cited
- People v. Thompson, 238 Ill.2d 598 (Illinois Supreme Court, 2010) (plain-error review applies to Rule 431(b) issues; not automatic reversal)
- People v. Amerman, 396 Ill.App.3d 586 (Ill. App. 3d, 2009) (nonautomatic Rule 431(b) error not plain error without bias evidence)
- People v. Glasper, 234 Ill.2d 173 (Illinois Supreme Court, 2009) (structural error concept limited; supports plain-error analysis approach)