People v. Johnson

1

2024 IL 130191

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. RYANN N. JOHNSON, Appellant.

No. 130191

Supreme Court of Illinois

November 21, 2024

OVERSTREET, JUSTICE delivered the judgment of the court, with opinion. Chief Justice Theis and Justices Neville, Holder White, Cunningham, Rochford, and O'Brien concurred in the judgment and opinion.

OPINION

OVERSTREET, JUSTICE

¶ 1 Defendant was convicted, by jury, of aggravated domestic battery (720 ILCS 5/12-3.3(a-5) (West 2018)). After considering statutory factors in mitigation and aggravation the circuit court of Logan County imposed an extended-term sentence of 10 years' imprisonment. The appellate court found that defendant forfeited his argument on appeal that the circuit court considered improper factors in aggravation when imposing the sentence. 2023 IL App (4th) 230087-U, ¶¶ 1, 34. In determining whether the forfeited issue was reviewable under the plain error doctrine, the appellate court concluded that, although a clear or obvious error occurred, plain error was not established because the evidence was not closely balanced nor was the error so egregious that it denied defendant a fair sentencing hearing. Id. ¶¶ 50, 52, 55, 57. As such, the appellate court affirmed the judgment of the circuit court. Id. ¶¶ 1, 59-60. For the following reasons, we affirm the judgment of the appellate court.

¶ 2 I. BACKGROUND

¶ 3 A. Charges

¶ 4 On October 23, 2018, the State charged defendant, by information, with two counts of home invasion (720 ILCS 5/19-6(a)(2) (West 2018)) (counts I and II), two counts of criminal sexual assault (id. § 11-1.20(a)(1)) (counts III and IV), and one count of aggravated domestic battery (id. § 12-3.3(a-5)) (count V). Count V alleged that on or about October 21, 2018, defendant, in committing a domestic battery (id. § 12-3.2(a)(1)), knowingly strangled Lacey S., a family or household member of defendant. Count V further indicated that, pursuant to sections 5-4.5-35(a), 5-5-3.2(b)(1), and 5-8-2 of the Unified Code of Corrections (Code of Corrections) (730 ILCS 5/5-4.5-35(a), 5-5-3.2(b)(1), 5-8-2 (West 2018)) and pursuant to his conviction in Logan County case No. 14-CF-85, defendant was eligible for extended-term sentencing, which subjected him to a sentencing range of 7 to 14 years' imprisonment, if convicted.

¶ 5 B. Pretrial Motion to Introduce Other-Crimes Evidence

¶ 6 On April 24, 2019, the State filed a pretrial motion to introduce evidence of defendant's other crimes of domestic violence, pursuant to section 115-7.4 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-7.4 (West 2018)). The State sought to introduce defendant's convictions of aggravated domestic battery of Bianca R. in Logan County case No. 14-CF-85 and domestic battery of Lacey S. in Logan County case No. 15-CF-68. The circuit court granted the State's motion to introduce the convictions.

¶ 7 C. Jury Trial

¶ 8 Defendant's jury trial commenced on July 18, 2022. ^[1] Bianca R. (Bianca) testified that she had known defendant since 2011. She and defendant were previously engaged and had two children together. Bianca recalled that on August 15 2014, at approximately 1:30 a.m., she was at home in bed when she received a phone call from defendant. Bianca testified that she hung up on him and went back to sleep. At approximately 2:30 a.m., Bianca was awakened by defendant, who was sitting on top of her, straddling her with his knees, and holding her down with his arms on her shoulders. Bianca attempted to reach for her phone, but defendant pushed her back and said, "It's already gone. Don't look for it."

¶ 9 Bianca indicated that defendant wanted to talk to her about their failed relationship and "figure this out." They went outside to talk because there were three small children sleeping in the house. Once outside, Bianca "looked at him in the eye and told him, 'F*** you.'" Bianca testified that defendant "literally put his arms around my throat into my esophagus, threw me into the table, [and] smashed an ashtray." Bianca testified that, when defendant grabbed her by the throat, he "choked me until I lost consciousness," explaining that "it was black for a minute." Bianca sustained a gash in her tongue, handprints on her throat, scrapes and scratches on her knees and leg, and scratches on her shoulders and arms.

¶ 10 Bianca testified that the attack ended when defendant saw her five-year-old son standing at the door. Bianca's six-month-old baby also woke up and "needed a bottle." Bianca testified that defendant allowed her to make a bottle for the baby, then indicated, "You are going to talk to me." Bianca went to the bedroom and talked to defendant. After defendant calmed down, Bianca went to the living room to get her five-year-old to sleep. Upon returning to the bedroom, Bianca observed that defendant "had passed out." Because Bianca could not locate her phone, she used her Kindle to contact a friend who called the police on her behalf. Defendant was arrested and eventually pleaded guilty to aggravated domestic battery of Bianca in Logan County case No. 14-CF-85.

¶ 11 Lacey S. (Lacey) testified that she and defendant began dating in 2015 and, though they have a child together, they never lived together. Their child was six years old at the time of the trial. Lacey testified that on October 21, 2018, she was at home, and defendant was repeatedly sending text messages to her, upset that she was not responding to him, and asking to speak to their child. Defendant continued harassing Lacey, notwithstanding that she asked him several times to leave her alone. Lacey testified that the text messages eventually stopped and approximately 10 or 15 minutes later, she heard "heavy footsteps" in the hallway.

¶ 12 Lacey testified that defendant entered the room, came toward her, and reached for her phone. When she tried to get her phone, defendant grabbed her by her hair and threw her to the floor. Lacey indicated that defendant was accusing her of sleeping with somebody. He climbed on top of her, put his legs over the tops of her arms, and sat on her chest. Lacey testified that defendant held her phone in one hand and grabbed her head with the other hand "and slammed it into the floor a couple of times while he was still accusing me of cheating on him."

¶ 13 Lacey explained that, when defendant had her phone, he saw text messages between her and another man. When defendant asked how long she had been seeing the man, Lacey replied, "[N]ot very long." At that point, defendant grabbed Lacey by the neck and began to strangle her. Lacey testified that defendant applied pressure to her neck, he was squeezing extremely hard, she began to see black spots, she was unable to breathe, and "it felt like my eyes were going to pop out." Defendant continued accusing Lacey and asking her why she was telling everyone that they were no longer together.

¶ 14 Lacey testified that defendant let go, questioned her further, then pushed her down by her neck again and choked her for 15 or 20 seconds. Lacey recalled "seeing a lot of black spots and he told me he wished he could kill me." Lacey reported that she could not breathe but that she never completely blacked out.

¶ 15 Lacey testified that defendant eventually stopped assaulting her and followed her to the bathroom as he continued accusing her of sleeping with the other man. When Lacey attempted to run to the front door, defendant shoved her head into the door, and she fell to the floor. All the while, defendant was shouting at her and demanding to know why she was seeing somebody else. When Lacey was able to get up, defendant asked her repeatedly if she intended to call the police. Defendant told Lacey that he would leave if she would not call the police and if she would change her phone number. Lacey agreed, and defendant left. Lacey called the police and was transported to the hospital by ambulance. She sustained bruising to her shoulder, marks on both sides of her neck and above her eyebrow, and a laceration on the back of her ear.

¶ 16 Lacey further testified about a separate episode of violence between her and defendant that occurred on April 18, 2015. After she and defendant attended a wedding on that date, they went to a hotel and argued. Lacey left the hotel. Defendant pursued her to the parking lot and shoved her into the door handle of his truck. Defendant was arrested and eventually pleaded guilty to domestic battery of Lacey in Logan County case No. 15-CF-68.

¶ 17 Robert Sherren testified that he is employed by the Lincoln Police Department as a day shift patrol sergeant. Sherren testified that at approximately 3:20 p.m. on October 21, 2018, he was on duty and was dispatched to Lacey's home in response to a reported home invasion. When Sherren arrived, Lacey let him in the front door. Sherren noted a small child was present in the home. Sherren described Lacey as emotionally disturbed, upset, and crying; her face was red, and "you could just tell she was distraught." Sherren observed red marks around Lacey's neck and on her arms. Sherren testified that Lacey was transported to the hospital by ambulance.

¶ 18 Sumesh Jain testified that he is an emergency physician who treated Lacey in the hospital on October 21, 2018. He recalled bruising to both sides of Lacey's neck, as well as injuries to her shoulder and ankle. Jain testified, inter alia, that Lacey "had a history and exam consistent with physical assault."

¶ 19 Defendant testified that on October 21, 2018, he was sending text messages to Lacey about their child and Lacey told him to leave her alone. Defendant testified that he went to Lacey's home uninvited and knocked on the door and that Lacey let him in. Defendant and Lacey talked in the kitchen for a...