People v. Johnson
People v. Johnson
Opinion
*335 ¶ 1 Terry Johnson and others planned to rob a video game store. After one of his companions used pepper spray to incapacitate the store clerk, Johnson tackled the clerk to the floor and struggled with him. They took the clerk's keys and several video game systems.
¶ 2 Before trial, Johnson requested a conference under Illinois Supreme Court Rule 402 (eff. July 1, 2012) to discuss a possible plea deal. The trial court offered Johnson a 13-year sentence, which Johnson rejected. After a bench trial, Johnson was convicted of armed robbery, and the trial court sentenced him to 16 years of imprisonment.
¶ 3 Johnson argues that he should not have been convicted of armed robbery because the pepper spray was not a "dangerous weapon" within the meaning of the armed robbery statute ( 720 ILCS 5/18-2 (West 2014) ). We reject this claim for the same reasons laid out in
People v. Curry
,
¶ 4 Background
¶ 5 Before trial, Johnson's counsel requested a Rule 402 conference with the trial court to discuss a potential plea bargain. The State asserted that Johnson and Curry committed the crime with possibly two accomplices and that Johnson "struggled" with a store employee after the employee was pepper sprayed. The State also noted that Johnson had four prior felony convictions (all for robbery or attempt robbery), and two juvenile adjudications, and offered Johnson an 18-year sentence. Johnson's counsel argued that Johnson was not alleged to have pepper sprayed the employee and had not been caught with any of the robbery's proceeds. Counsel also noted that Johnson was 22 years old and had been paroled for his previous felony sentences less than a year before the commission of this robbery. Counsel asked for a sentence of six to eight years. The trial court offered Johnson a sentence of 13 years, which Johnson rejected.
¶ 6 What follows repeats some of the "Background" section in
Curry
,
¶ 7 Meanwhile, a coworker who had been hiding in the store's break room called police. An officer, who was nearby at *336 the time of a police radio call for assistance, saw individuals come out of the store and get into a silver Pontiac. The officer followed the Pontiac, which was later found unoccupied and parked on a residential street. The backseat and trunk of the Pontiac contained several video game systems, as well as Mitchell's store keys. On the sidewalk nearby lay a hooded sweatshirt and a can of pepper spray. The car's registration revealed that a woman owned the car; she gave police the name of a potential suspect, Terry Johnson.
¶ 8 Johnson told police that he and some friends robbed the Game Stop store while Deontae Curry acted as getaway driver. Curry told police that his friends had planned only to shoplift while he waited in the car. The trial court was able to view the store's surveillance video, showing the robbery and Johnson's actions.
¶ 9 Johnson was convicted of armed robbery at a bench trial, with the trial court noting that the evidence showed the robbery was "preplanned" and "very methodical." At sentencing, defense counsel asked the trial court to give Johnson the 13-year sentence originally offered during the Rule 402 conference. The trial court rejected this, stating that it had offered that sentence before trial. At trial, "I hear[d] much more detail with regard to what happened and the sequence of the events, the planned nature of this, all the different steps that were involved here and I heard specifically about your role in this and I believe being one of the major actors in this particular situation." The trial court sentenced Johnson to 16 years.
¶ 10 Analysis
¶ 11 Is Pepper Spray a "Dangerous Weapon"?
¶ 12 Johnson, like his codefendant Curry, argues that he should have been found guilty of robbery, rather than armed robbery, because the pepper spray was not a "dangerous weapon" within the meaning of the armed robbery statute. See 720 ILCS 5/18-2(a)(1) (West 2014) (person commits armed robbery if he or she commits a robbery and carries, or is otherwise armed with, "a dangerous weapon other than a firearm"). We rejected this argument in Curry's appeal. See
Curry
,
¶ 13 The armed robbery statute leaves "dangerous weapon" undefined; the term is a holdover from common law.
People v. Hernandez
,
¶ 14 "Dangerous weapon" includes "any object sufficiently susceptible to use in a manner likely to cause serious injury."
Ligon
,
¶ 15 Pepper spray would not qualify as "
per se
dangerous," as a loaded handgun would. Rather, pepper spray falls into the category of objects that can be used in a dangerous manner, so it is for the trier of fact to determine whether the pepper spray actually was used that way on Alonzo Mitchell. See
People v. Ross
,
¶ 16 Was the Sentence Punishment for Rejecting a Plea Offer?
¶ 17 Johnson next asserts that the trial court punished him for rejecting the plea offer and exercising his constitutional right to a trial. Johnson argues that the three-year increase between the offer and the eventual sentence shows the court's intent. And Johnson deems as pretextual the court's explanation for the disparity.
¶ 18 A trial court may not punish a defendant for exercising his or her right to a trial.
People v. Ward
,
¶ 19 The 16-year sentence is not markedly longer than the rejected 13-year offer. So this is not a case like
People v. Dennis
,
¶ 20 Nor is this a case like
People v. Young
,
¶ 21 Here, the trial court stated that the additional detail heard at trial, pertaining to the "planned nature" of the crime, justified
*338
the increase. Johnson contends this statement is pretextual, and the State's proffer during the Rule 402 conference and the trial evidence were essentially identical. But the State's bare-bones description of the crime did not include evidence of premeditation. The trial evidence (including Johnson's statement to police and the surveillance video) illuminated that this armed robbery was not a spur-of-the-moment decision but, rather, a planned escapade where each participant had a defined role. On this record, it is not "clearly evident" that the 16-year sentence in any way served as punishment for rejection of the plea offer. We cannot say that the trial court abused its discretion in sentencing Johnson. See
Ward
,
¶ 22 Affirmed.
Justices Pucinskiand Mason concurred in the judgment and opinion.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Terry JOHNSON, Defendant-Appellant.
- Cited By
- 4 cases
- Status
- Unpublished