People v. Cordray

1

2022 IL App (4th) 220413-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JASON CORDRAY, Defendant-Appellant.

No. 4-22-0413

Court of Appeals of Illinois, Fourth District

December 15, 2022

This Order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Livingston County No. 19CC11 Honorable Jennifer H. Bauknecht, Judge Presiding.

JUSTICE DeARMOND delivered the judgment of the court. Justices Turner and Zenoff concurred in the judgment.

ORDER

DeARMOND, JUSTICE

¶ 1 Held: The appellate court affirmed, finding the trial court did not err in finding defendant in direct criminal contempt.

¶ 2 Following an August 2019 jury trial, defendant, Jason Cordray, was found guilty of one count of criminal trespass to a residence, a Class 4 felony (720 ILCS 5/19-4(a)(2) (b)(2) (West 2018)).

¶ 3 In October 2019, the matter proceeded to sentencing. During defendant's statement in allocution, defendant made a series of rambling, incoherent statements, leading the trial court to believe he was intoxicated. The court ordered defendant to undergo drug testing- which subsequently returned positive results for alcohol, methamphetamine, and cocaine-and continued the hearing.

¶ 4 In November 2019, the trial court sentenced defendant to three years' imprisonment. Because defendant appeared at the previous hearing under the influence of drugs, the court imposed an additional 180-day sentence for being in direct criminal contempt of court, to be served consecutively to defendant's 3-year sentence for the underlying conviction of criminal trespass to a residence.

¶ 5 Defendant appeals, arguing the trial court erred in finding him in direct criminal contempt of court because the evidence was not sufficient to support his conviction. We affirm.

¶ 6 I. BACKGROUND

¶ 7 In August 2019, a jury found defendant guilty of one count of criminal trespass to a residence, a Class 4 felony (720 ILCS 5/19-4(a)(2), (b)(2) (West 2018)).

¶ 8 In October 2019, the matter proceeded to a sentencing hearing. Based on his criminal background, defendant was eligible for an extended-term sentence (730 ILCS 5/5-8-2 (a) (West 2018)). Before imposing defendant's sentence, the trial court allowed defendant to make a statement in allocution, which was as follows:

"Yeah. I, I would like to say first I've struggled. I went to-I've been to prison six times which is not even right. And I come from a good family. I'm a good person. And my record is domestic. Well, what I have to or what I'd like to say for myself and Big Muddy, well, because my brother worked at Sheridan I had to go to another treatment.

Anyway, I done [sic] 18 months of therapy which I took living lifestyles. Then not only I took living lifestyles as I was in the alcoholic drug addict program which I have learned my problem throughout life that there's healthy relationships. There's unhealthy relationships. And I didn't figure out the key of unhealthiness to alcohol and relationships which I was addicted to. Well, I didn't find healthy relationships, which so I remained since I programmed for 18 months I've learned through programming that if I want healthy, you have to be healthy. Well, how long is that going to take? It could be a long time. But I want healthy, and I will remain until [defendant's] healthy, and I'm not. I've got medications. The doctor says, so I'd rather get off everything. And yeah, you know, assume this and that.

So for the last I'd say year or after six months I actually worked. I got out; and I said, I smoke cigarettes and I drink energy drinks. But I had to parole to my mother's house; and I made it, I made-[i]t's about boundaries, commitments to yourself which I break [defendant's] rules. I don't like to have words which I say, but when I say it, I know it in my like-"

At this point, defendant's "thick[-]tongued" speech and incoherent statements prompted the trial court to inquire whether he was under the influence of something, whereupon the following exchange occurred between defendant and the court:

"THE COURT: Just answer my questions because I'm very concerned about your condition right now.

THE DEFENDANT: Yeah. Well-

THE COURT: If I drug and alcohol test you, what will you test positive for?

THE DEFENDANT: Well, well, of prescribed medication.

THE COURT: Are you taking them as prescribed, or are you taking more than that is prescribed?

THE DEFENDANT: No. I've got the same of the medication which there is extended release on [E]ffexor and there's ex-

THE COURT: All right, I'm going to revoke his bond; and I'm going to continue the sentencing hearing; and I want a drug test. We'll come back for sentencing. You are clearly under the influence of something.

THE DEFENDANT: No.

THE COURT: [Defendant], don't look at [defense counsel]; and don't look at that bag.

All right, *** I want a drug test; and I want levels. There is no way on God's green earth that you are taking them as prescribed.

THE DEFENDANT: Well, sentence me now to six. No. I'll take six now.

[DEFENSE COUNSEL]: Don't challenge her.

THE DEFENDANT: I will challenge her. I'll take the six right now.

THE COURT: All right. Well, we're going to drug test you first.

THE DEFENDANT: Because we went over, way over time we're violating laws that you all, that-[t]his is way over the beam. You are breaking laws.

THE COURT: Okay. Well, I want to record to reflect-

THE DEFENDANT: And parole don't [sic] let you leave out of prison unless you are approved. I would never-I want to apologize for that. I would never ask to leave.

* * * THE COURT: Hold on. Sit down. I'm not done. I want the record to reflect that [defendant is] slurring words. He's incoherent. He is not answering questions, and he is acting completely different than he normally acts when he's in this courtroom.

Now, I know that you are high strung. *** But right now you are acting goofy. You are acting very strange. You are not making any sense, and obviously you are under the influence of something so we're going to find out what it is.

THE DEFENDANT: No, we're not.

THE COURT: And we're going to come back for sentencing. Is two weeks enough time? Two weeks enough time to get-

THE DEFENDANT: Six year. No. I'm not doing it.

[DEFENSE COUNSEL]: [Defendant], don't argue.

* * *

THE DEFENDANT: I'm not doing it. I won't. [DEFENSE COUNSEL]: Stop.

THE COURT: All right. You can go ahead and take him out of the room.

* * *

THE DEFENDANT: Give those prescriptions to-I love you. You ain't [sic] got to jerk. I'm not jerking. I'm a man, and I respect you for that."

¶ 9 The parties reconvened for sentencing on November 14, 2019. At the outset of the proceeding, a probation officer from the court services department informed the trial court defendant tested positive for cocaine, methamphetamine, and alcohol two days after the October 2019 hearing. Following the recommendations of counsel, the court allowed defendant to make another statement in allocution, at which point defendant apologized for his "relapse." Defendant also admitted he "was around the wrong people" and "took a drink of a drink that [he] should not have."

¶ 10 The trial court ultimately sentenced defendant to three years' imprisonment for the underlying conviction of criminal trespass to a residence and found defendant guilty of direct criminal contempt. In doing so, the court found defendant's "conduct was contemptuous and defiant of this Court's authority." The court also noted it "was very careful to identify at the last court date *** that the [d]efendant was highly intoxicated," which "was evident by his behavior in this courtroom in slurring his speech immensely and through his conduct." The court then elaborated, "You brought the administration of justice in this courtroom into disrepute and are guilty *** of direct criminal contempt for showing up for your sentencing hearing in a condition under the influence of methamphetamine, cocaine, that was in your system 48 hours after you were in court." Thereafter, the court sentenced defendant to 180 days in the county jail for direct criminal contempt-to be served consecutively to defendant's 3-year prison sentence-and ordered him transferred to the Illinois Department of Corrections upon completion of his 180-day sentence.

¶ 11 On November 20, 2019, the trial court entered a written order memorializing its contempt finding. The order of adjudication stated, in pertinent part," [w]hen the Court granted the defendant an opportunity to make a statement in allocution, it became evident that the defendant was under the influence of drugs and/or alcohol. The defendant was acting very out of the ordinary, slurred his words, and was not coherent." The court then found defendant's conduct, "which occurred in the presence of this Court while the Court was in open session, impeded and interrupted this Court's proceedings, lessened the dignity of the Court, and tended to bring the administration of justice into disrepute."

¶ 12 This appeal followed.

¶ 13 II. ANALYSIS

¶ 14 On appeal, defendant contends the evidence was not sufficient to support his conviction of direct criminal contempt. Specifically, defendant asserts his allegedly contemptuous behavior did not sufficiently take place within the trial court's presence because the court "did not personally observe the taking of illegal drugs."

¶ 15 A. Mootness

¶ 16 As a preliminary matter, we consider whether this appeal is moot. The State contends the appeal is moot because defendant has served his 180-day sentence imposed pursuant to the trial court's contempt finding. The State further argues the instant cause does not fit within an exception to the mootness doctrine...