People v. Johnson
People v. Johnson
Opinion
*918 *154 ¶ 1 On May 10, 2016, the defendant, Edward Johnson, was convicted in absentia of being an armed habitual criminal and of unlawful possession of a weapon by a felon. He was sentenced to 17 years' imprisonment. On appeal, the defendant argues that the trial court erred in conducting his trial in absentia and in assessing a fine to support the drug court. We affirm in part and vacate in part.
¶ 2 I. BACKGROUND
¶ 3 On October 30, 2015, Officer Jeffrey Petersen initiated a traffic stop, for speeding, of a vehicle driven by the defendant. Officer Petersen noticed that the defendant was reaching toward the passenger seat and floorboard of his car. When the officer approached, the defendant opened the door of his car because his window was broken. Officer Petersen noted the smell of burnt cannabis coming from the car. Officer Petersen asked the defendant for his driver's license, proof of insurance, and concealed-carry-license information and then called for backup.
¶ 4 Officer Anthony Baratti arrived at the scene, and Officer Petersen searched the defendant, but nothing was recovered. Officer Baratti stood with the defendant while Officer Petersen searched the defendant's car. Officer Petersen found 10 rounds of 9-millimeter ammunition and a 9-millimeter handgun. Officer Petersen instructed the defendant to put his hands behind his back. The defendant proceeded to run away from the traffic stop and was pursued on foot by Officers Baratti and Petersen, who ultimately apprehended and arrested him.
¶ 5 On November 18, 2015, the defendant was charged with one count of being an armed habitual criminal ( 720 ILCS 5/24-1.7(a) (West 2014) ); four counts of unlawful possession of a weapon by a felon ( id. § 24-1.1(a) ); and four counts of aggravated unlawful use of a weapon ( id. § 24-1.6(a) ). Prior to trial, the State nol-prossed two counts of unlawful possession of a weapon by a felon and all four counts of aggravated unlawful use of a weapon. On November 25, 2015, the defendant appeared at his arraignment and was admonished that, if he did not appear for trial, he could be tried and sentenced in his absence.
¶ 6 On March 21, 2016, the defendant requested a conference pursuant to Illinois Supreme Court Rule 402 (eff. July 1, 2012). The State offered him a plea bargain, which he rejected. The defendant requested a jury trial. The trial court set a tentative trial date of March 28, 2016, and admonished the defendant again that, if he did not appear for trial, he could be tried and sentenced in his absence. On March 28, 2016, the defendant appeared for trial but requested a continuance to May 9, 2016. On that date, the defendant did not appear for trial and defense counsel moved for a continuance. The State was silent on the matter. The trial court denied the motion and instructed the State and defense counsel to continue with the motions in limine and jury selection. At the completion of jury selection, the defendant had still not arrived, so the trial court released the jury and instructed them to return the next day.
*919 *155 ¶ 7 On May 10, 2016, the defendant did not appear for trial and defense counsel again moved for a continuance. The State again stood silent. The trial court denied the request for a continuance and proceeded with the trial in absentia . The defendant was subsequently found guilty of being an armed habitual criminal and unlawful possession of a weapon by a felon. On July 7, 2016, the defendant was sentenced in absentia to 17 years' imprisonment and ordered to pay $1000 in costs, which included a $354 fine to support the drug court. Following the denial of his motion to reconsider his sentence, the defendant filed a timely notice of appeal.
¶ 8 II. ANALYSIS
¶ 9 On appeal, the defendant first argues that the trial court erred in conducting his trial in absentia , because the State did not comply with the applicable statute. Specifically, the defendant contends that his trial in absentia was improper because the State neither (1) requested to proceed in absentia nor (2) affirmatively proved that he was willfully avoiding trial. Second, the defendant argues that the trial court erred in assessing the $354 fine to support the drug court.
¶ 10 A trial court's decision to proceed with a trial
in absentia
will not be reversed unless the trial court abused its discretion.
People v. Smith
,
¶ 11 Section 115-4.1 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-4.1 (West 2014) ) provides:
"When a defendant after arrest and an initial court appearance for a non-capital felony or a misdemeanor, fails to appear for trial, at the request of the State and after the State has affirmatively proven through substantial evidence that the defendant is willfully avoiding trial, the court may commence trial in the absence of the defendant."
¶ 12 A defendant has a duty to appear at the place and time designated for trial.
Smith
,
¶ 13 In
People v. Stanley
,
¶ 14 The
Stanley
court further held that "the statute does not require a formal motion (only a request) or a hearing."
Id.
at 534,
¶ 15 In the present case, the defendant argues that the State must explicitly move for a trial
in absentia
before such a trial may commence. However,
Stanley
establishes that this is unnecessary. Further, as noted in both
Stanley
and
Smith
, the trial court has inherent authority to control its own docket. In this case, when the defendant failed to appear, defense counsel moved for a continuance, and the State stood silent. As such, as in
Stanley
, the trial court did not err in interpreting the State's silence as a request for a trial
in absentia
.
¶ 16 The defendant also argues that the trial
in absentia
was improper because the State did not prove that he was willfully avoiding trial. This argument is without merit because the evidence established a
prima facie
case of willful absence. The defendant was advised of his trial date after the Rule 402 conference. The defendant was admonished at his arraignment and after the Rule 402 conference that if he did not appear for trial he could be tried
in absentia
. Finally, the defendant did not appear for trial. The State thus presented a
prima facie
case of willful absence.
Smith
,
¶ 17 The defendant cites
Smith
and
People v. Ramirez
,
¶ 18 The defendant's second contention on appeal is that the trial court erred in assessing a $354 fine to support the drug court. Under the circumstances in this case, the defendant contends that this fine was not statutorily authorized. The State confesses error on this point. After reviewing the record, we accept the State's confession of error and vacate the $354 fine.
¶ 19 III. CONCLUSION
¶ 20 For the reasons stated, the judgment of the circuit court of Lake County is affirmed in part and vacated in part. As part of our judgment, we grant the State's request that the defendant be assessed $50 as costs for this appeal.
*157 55 ILCS 5/4-2002(a)
*921
(West 2016); see also
People v. Nicholls
,
¶ 21 Affirmed in part and vacated in part.
Justices Zenoff and Jorgensen concurred in the judgment and opinion.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward JOHNSON, Defendant-Appellant.
- Cited By
- 2 cases
- Status
- Unpublished