People v. Miller

2019 IL App (5th) 160096-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER P. MILLER, Defendant-Appellant.

NO. 5-16-0096

APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

June 19, 2019

NOTICE

Decision filed 06/19/19. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NOTICE

This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Effingham County.

No. 14-CF-140

Honorable Kimberly G. Koester, Judge, presiding.

PRESIDING JUSTICE OVERSTREET delivered the judgment of the court.

Justices Chapman and Moore concurred in the judgment.

ORDER

¶ 1 Held: When sentencing the defendant, the circuit court did not rely on improper aggravating factors so as to require reversal of the defendant's sentence.

¶ 2 Following a jury trial, the circuit court of Effingham County sentenced the defendant to concurrent prison terms of 15 years for home invasion (accountability) (720 ILCS 5/19-6(a)(2) (West 2012)) and 10 years for residential burglary (accountability) (id. § 19-3). On appeal, the defendant challenges his sentence, contending that the circuit court considered improper testimony in aggravation. For the following reasons, we affirm.

¶ 3 BACKGROUND

¶ 4 The evidence at the defendant's jury trial revealed that on March 11, 2013, the defendant drove Aaron Broadnax and Zach Curtis to the residence of Nicholas Cutright to collect drug money due the defendant. Wearing masks, Broadnax and Curtis broke into Cutright's residence and beat him. They took Cutright's phone, computer, and approximately $840 cash. During the break-in, the defendant waited in the vehicle, and after the break-in, the defendant, Broadnax, and Curtis returned to the defendant's apartment, where they divided the proceeds. After hearing the evidence at trial, the jury found the defendant responsible under an accountability theory for the actions of Broadnax and Curtis, and thus, found the defendant guilty of home invasion (720 ILCS 5/19-6(a)(2) (West 2012)) and residential burglary (id. § 19-3).

¶ 5 Pending sentencing, the circuit court allowed the defendant to remain on electronic home confinement. On May 19, 2015, before the defendant was sentenced, the defendant removed his home monitor and fled, and the State filed an amended motion for posttrial detention based upon the violation of his home confinement terms. The circuit court then issued a no-bond warrant, and the defendant, once captured on May 31, 2015, was detained pending sentencing and charged with escape as a result of his actions. On June 15, 2015, prior to sentencing in this case, the defendant pled guilty to the charge, a Class 3 felony, and was sentenced to two years in prison.

¶ 6 At the sentencing hearing held on June 15, 2015, the State presented the testimony of Todd Ebbert. Ebbert, the supervisor of investigations with the Effingham Police Department, testified that in February 2013, he investigated the break-in of twoapartments on Illini Drive, wherein items had been taken while the residents were at work. One of the residents, Emily Quast, noted she was missing jewelry and a .40-caliber handgun. Ebbert testified that he contacted Dealer Maker Pawn Shop and found Quast's jewelry. Ebbert testified that as part of the pawn shop process, the defendant had completed documents with his name and driver's license number, noting that he had pawned the jewelry. Ebbert testified that when he interviewed the defendant, the defendant acknowledged that he took the jewelry to the pawn shop for Jamel Wright but denied involvement in the residential burglaries on Illini Drive. Ebbert acknowledged that no charges were brought against the defendant as a result of the incident.

¶ 7 Tony Stephens, of the Effingham Police Department, testified that on June 6, 2013, the patrol division received a retail theft claim from Wal-Mart. Stephens testified, "They determined [the defendant] and Kendra Davis were involved and since I was familiar with both of them I assisted patrol." Stephens testified that he interviewed the defendant, who stated that he and Kendra entered Wal-Mart, Kendra stole three video games and two Wii controllers, and the defendant sold them at Game Stop in Mattoon for $30-$40.

¶ 8 Stephens testified that on May 27, 2013, law enforcement was notified about a home invasion on Third Street, wherein the perpetrator had broken the sliding glass door on the back side of the victim's residence. Stephens testified that the perpetrator had stolen several items, including a purse and camera, while the female resident was in the living room area. Stephens testified that the female identified one perpetrator as possibly a Hispanic male but could not identify the other. Stephens testified that the femaleresident contacted John Maguire, of the Effingham Police Department, because she had located her camera being sold on Ebay. Upon investigation, Maguire determined that the person selling the camera on Ebay had purchased it from the defendant at the IGA parking lot. Stephens testified that he was present with Maguire when he questioned the defendant about it. Stephens testified that the defendant admitted to having the camera but stated that he received it from James Davis, Kendra Davis's brother. Stephens testified that defendant had admitted to listing the stolen camera for sale.

¶ 9 Stephens further testified regarding five controlled drug buys from the defendant, using a confidential source. These controlled buys were conducted as part of a criminal investigation that resulted in the defendant's conviction for distribution of heroin in 2013. Stephens testified that his confidential source started purchasing synthetic cannabis, K2, from the defendant in October 2012, purchased "a couple pills" of morphine from the defendant in February 2013, and purchased two-tenths of a gram of heroin in May 2013.

¶ 10 Stephens also testified that during an investigation of Scottie Bone in May 2014, Bone sold methamphetamine and a .22-caliber revolver. Stephens testified that an individual named Blake Pilcher informed police that the defendant had stolen the handgun from his grandfather and had sold it to Bone in exchange for K2. Stephens testified that Maguire contacted Gerald Timmons, the defendant's grandfather, who claimed ownership of the gun, stated that it was missing from his home, and filed a corresponding report in March 2015. Stephens testified that at one point, the defendant had lived with Timmons. Stephens acknowledged that he did not discuss the handgun with the defendant.

¶ 11 Stephens testified that in January 2015, Maguire located via Facebook and YouTube an audio recording of Stephens' interview with Kendra Davis regarding the defendant's actions in the case sub judice. Davis stated during the interview that the defendant, Curtis, and Broadnax were discussing Cutright's robbery at the defendant and Davis's shared residence and later returned with stolen property they divided between them. Stephens testified that the police had not determined who uploaded the recording but that the only attorney to whom the audio had been released was the defendant's original attorney. Stephens testified that he spoke to Curtis's attorney and Broadnax's attorney, both of whom indicated that they had not released the audiotape. Stephens testified that he "was informed that [the defendant's attorney] gave those audio video and audio recording to [the defendant] to review." Stephens testified that he believed the defendant provided the recording to Jesse Fisher, who uploaded it online. Stephens testified that as a result of the post, Davis was scared for her safety. Stephens acknowledged that the defendant had not been charged in connection with the investigation. Stephens testified that the defendant was the only one with access to the recording, other than Stephens. Stephens testified, "Only thing I can figure is he tried to intimidate her to have her not testify."

¶ 12 In mitigation, the defendant testified that he earned his G.E.D. at 17 years old and had suffered from Crohn's disease since he was 18 years old. The defendant testified that he experienced severe, lower-right abdominal pain and was unable to eat or drink. The defendant testified that he first began using narcotics at 14 years old. The defendant testified that he started with marijuana, then moved up to cocaine, heroin, and "basicallyeverything except for like PCP and Mescaline." The defendant testified that he self-medicated by using heroin to relieve his pain from Crohn's disease. The defendant testified that he realized he was addicted to heroin after four or five months of use. The defendant testified that other than minor traffic tickets, he had no criminal record other than those related to his drug addiction.

¶ 13 The defendant testified that dealing with Crohn's disease and his drug addiction had prevented him from holding steady employment. The defendant testified that he was first employed when he was 17 years old, working at a truck wash, washing semi-tractor trailers for a week or two, then he was promoted to the chrome shop store, where he was employed for a year. The defendant testified that he "was smoking marijuana at the time," "got arrested" for possession, and quit his job after he refused a drug test his employer requested after reading about the arrest in the newspaper. The defendant testified that he was thereafter employed by a print shop for approximately one year and a refrigeration company for six to seven months. The defendant testified that he later worked at a gas station but that he again faced a drug-related charge, refused a work-requested drug test, and was fired. The defendant testified that he worked at a pizza restaurant for four or five months until he was arrested for delivery of a controlled substance. The...