2015 IL App (4th) 130522
Ill. App. Ct.2015Background
- Defendant Raymond Wrencher was convicted by a jury of two counts of aggravated battery (Class 2 felony) for June 5, 2007 conduct toward two Champaign police officers; total sentence was 14 years (7 years per count).
- On direct appeal, the appellate court affirmed the judgment.
- Defendant filed a postconviction petition in October 2011, amended in 2012, alleging ineffective assistance by trial counsel for not advising him about tendering a jury instruction on a lesser included offense, resisting a peace officer.
- The postconviction court denied the amended petition after a third-stage evidentiary hearing; defendant appeals.
- The issue is whether resisting a peace officer is a lesser included offense of aggravated battery and whether there was any evidence to support an instruction on resisting a peace officer, affecting an ineffective-assistance claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is resisting a peace officer a lesser included offense of aggravated battery? | Wrencher argues resisting a peace officer is included in count I. | Wrencher contends omitted advice prejudiced him by preventing a lesser-included-offense instruction. | Yes for count I; no for count II. |
| Was there any evidence to support a resisting-a-peace-officer instruction? | State contends slight evidence could support the instruction. | Defense asserts no rational basis to convict of resisting a peace officer and acquit aggravated battery. | No, evidence could not rationally support a resisting-a-peace-officer instruction. |
| Was the forfeiture rule applicable to the postconviction claim based on failure to raise on direct appeal? | State argued forfeiture since not raised on direct appeal. | Record lacking on direct-appeal representation; not forfeiture under English standard. | Not forfeited; record allowed postconviction review. |
Key Cases Cited
- People v. Brocksmith, 162 Ill. 2d 224 (1994) (decision on lesser-included-offense guidance for jury instructions)
- People v. Segoviano, 189 Ill. 2d 228 (2000) (defines charging-instrument approach and inclusion analysis)
- People v. Baldwin, 199 Ill.2d 1 (2002) (elements-based inclusion via charging instrument; rationality standard for lesser offense)