People v. Smith

by
An indictment alleged that defendant, in committing a battery, “knowingly made physical contact of an insulting or provoking nature with Correctional Officer Jody Davis, in that the defendant threw an unknown liquid substance" on Davis "striking him about the body, knowing Jody Davis to be a correctional institution employee ... engaged in the performance of his authorized duties.” The state filed notice that defendant was eligible for mandatory Class X sentencing under 730 ILCS 5/5-4.5-95(b), should defendant be convicted of the Class 2 felony of aggravated battery, 720 ILCS 5/12-3.05(d)(4)(i)(h). Following questioning and admonishment, defendant waived his right to counsel, electing to proceed pro se. Defendant then filed an unsuccessful motion to suppress an incriminating statement that he made to corrections officer Snyder. At his jury trial, defendant continued to appear pro se and was convicted. The appellate court affirmed defendant’s conviction but vacated defendant’s sentence and remanded, holding that defendant was not eligible for Class X sentencing. The Illinois Supreme Court reinstated the trial court judgment. Defendant was not in custody and was not coerced into incriminating himself during his interview with Officer Snyder; the court did not err when it denied defendant’s motion to suppress. Defendant was properly sentenced as a Class X offender. View "People v. Smith" on Justia Law