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People v. Treadway

OPINION FILED NOVEMBER 25, 1985.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

KENNETH TREADWAY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Lake County; the Hon. Lawrence D. Inglis, Judge, presiding.

JUSTICE HOPF DELIVERED THE OPINION OF THE COURT:

Rehearing denied January 13, 1986.

The defendant, Kenneth Treadway, appeals from the judgment of the circuit court of Lake County that convicted him of the offenses of attempted murder (Ill. Rev. Stat. 1983, ch. 38, pars. 8-4(a), 9-1(a)), armed violence predicated upon aggravated battery (Ill. Rev. Stat. 1983, ch. 38, pars. 33A-2, 12-4(a)), two counts of aggravated battery (Ill. Rev. Stat. 1983, ch. 38, par. 12-4(a)), and aggravated assault (Ill. Rev. Stat. 1983, ch. 38, par. 12-2(a)(1)) and sentenced him to three concurrent prison terms. Defendant raises three assignments of error before this court: (1) that he was improperly convicted of attempted murder because the State did not prove beyond a reasonable doubt that he formed the specific intent to kill Colleen Anaya; (2) that his trial attorney rendered ineffective assistance of counsel; and (3) that his 60-year extended term sentences were both improper and excessive.

The evidence elicited at defendant's jury trial reflects the following sequence of events. On December 21, 1983, at approximately 11 p.m., Colleen Anaya went to Danny's Bar in Waukegan. While there, she met and visited with a man named Russell Salmi. She saw Salmi speak briefly with the defendant who was also in the tavern. Salmi had played some pool with defendant earlier in the evening.

Around 12:30 a.m., as Ms. Anaya was leaving the tavern, she noticed the defendant standing right outside the door. As she walked by him, the defendant grabbed her from behind by the hair, said something to her, and forced her into the parking lot behind the tavern despite her struggling and screaming. The defendant then repeatedly stabbed Anaya in the back with a hunting knife. She went down on her knees facing the defendant, who still held her by the hair. When Anaya looked up she saw defendant's hand coming down with a knife. She reached out and grabbed the blade of the knife but defendant pulled it away, cutting her hand. Defendant then stabbed Anaya twice in the chest.

At this time Salmi came out the door of the tavern looking for Anaya. He saw defendant struggling with her and yelled at him. Defendant turned toward him, slashed at him with the knife, and told him to get away. Anaya was then able to get free of defendant. She ran back into the tavern and collapsed on the floor. Salmi also ran back into the tavern and told someone there to call the police.

Scott Pritchard and Kevin Brown, who were three doors away when the incident occurred, heard screams, ran down the alley toward Danny's Bar and saw a man and a woman struggling in the parking lot. They yelled and the man turned away from the woman and then ran. Officers Hansen and Henriquez of the Waukegan police department arrested defendant a few hours after the incident. They testified that defendant had been drinking but appeared to understand everything that was happening, and his speech was soft but not slurred.

Ms. Anaya had suffered serious injuries, most notably three puncture wounds to one of her lungs. Emergency lifesaving techniques were successfully administered by an emergency medical technician and a police officer for the city.

The defendant testified that during the afternoon of December 21 he first had some drinks at Danny's Bar, then drank six or seven beers at a tavern across the street from Danny's, and finally went back to Danny's and kept drinking. He also stated that at some point he smoked marijuana outside and then went back into the tavern and drank more beer and some whiskey. He said he did not remember what happened in the parking lot although he remembered seeing himself hitting something and seeing a knife in his hand. Defendant also testified that he drinks to excess quite often but no one can tell he is drunk.

Kenneth Treadway was charged by information with the offenses of attempted murder, armed violence, and two counts of aggravated battery against Colleen Anaya, and aggravated assault against Russell Salmi. Defendant made several pretrial motions, but all were denied. On March 15, 1984, a jury found defendant guilty of all of the charged offenses and the court entered judgments on the verdicts. Defendant's post-trial motions were denied. Prior to sentencing, the aggravated battery charge was nol-prossed.

At the sentencing hearing no witnesses were called to testify, but the court heard the arguments of counsel for both sides. The court also had before it the presentence report which examined defendant's family background and his social, school and marital history, as well as his conduct while in jail awaiting trial. No evidence was presented in mitigation, but defendant himself did address the court. The court set forth its findings and concluded that an extended term would be appropriate. Facts elicited at the sentencing hearing will be expanded upon in discussion of the relevant issues.

Defendant was sentenced to 60 years' imprisonment for attempted murder, 60 years for armed violence and one year for aggravated assault, all to run concurrently.

• 1 The defendant argues first that the State did not prove beyond a reasonable doubt that he acted with the specific intent to kill Colleen Anaya and, consequently, that he was improperly convicted of the offense of attempted murder. It is manifest, as the defendant maintains, that his conviction for attempted murder (Ill. Rev. Stat. 1983, ch. 38, pars. 8-4(a), 9-1(a)) cannot be sustained unless the prosecution established that he intended to kill his victim. (People v. Mitchell (1984), 105 Ill.2d 1, 9, 473 N.E.2d 1270; People v. Myers (1981), 85 Ill.2d 281, 289, 426 N.E.2d 535; People v. Graham (1985), 132 Ill. App.3d 673, 682, 477 N.E.2d 1342.) Of course, the State must prove this essential element of the crime beyond a reasonable doubt. (People v. Mitchell (1983), 116 Ill. App.3d 44, 48, 451 N.E.2d 934, aff'd in part, rev'd in part on other grounds (1984), 105 Ill.2d 1, 473 N.E.2d 1270; People v. Myers (1980), 83 Ill. App.3d 1073, 1076, 404 N.E.2d 1082, aff'd in part, rev'd in part on other grounds (1981), 85 Ill.2d 281, 426 N.E.2d 535.) The specific intent to kill may be inferred from the surrounding circumstances, including the character of the assault upon the victim (People v. Mitchell (1984), 105 Ill.2d 1, 9, 473 N.E.2d 1270), the use of a deadly weapon, and other relevant matters. People v. Koshiol (1970), 45 Ill.2d 573, 578, 262 N.E.2d 446, cert. denied (1971), 401 U.S. 978, 28 L.Ed.2d 329, 91 S.Ct. 1209; People v. Maxwell (1985), 130 Ill. App.3d 212, 216, 474 N.E.2d 46.

In the case before us, the defendant grabbed Colleen Anaya from behind by her hair and forced her to the back of Danny's Bar despite her attempts to resist him and despite her screams. Then the defendant stabbed her in the back 10 or 11 times with a hunting knife whose blade was six inches long and almost two inches wide. The victim fell to her knees, and while the defendant was still holding her by the hair, she asked him why he was attacking her. When Ms. Anaya grabbed the blade of the knife with her left hand, the defendant pulled the knife from her grasp, causing multiple wounds in the hand. Immediately thereafter, the defendant stabbed her twice in the chest. Also, the defendant frustrated Mr. Salmi's attempt to aid the victim by slashing at his face with the knife and telling him to get away. Three wounds punctured one of the victim's lungs. The wounds, especially those in the chest, were life threatening. As a result of the attack, Ms. Anaya was in critical condition. Only the quick work of two public servants at the scene of the crime saved her life. The inescapable conclusion to be drawn from the defendant's conduct in the present case is that he acted with the specific intent to kill Colleen ...


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