Appeal from the Circuit Court of Jackson County. No. 10-CM-178. Honorable William G. Schwartz, Judge, presiding.
In a prosecution for obstructing a peace officer by not allowing an officer who was investigating a report of a domestic disturbance to enter the residence where defendant, his girlfriend, and her child were present and he was drunk and " cutting her things up," defendant's conviction was reversed and the cause was remanded for further proceedings, since the trial court failed to comply with the requirement of Supreme Court Rule 401(b) that defendant's waiver of his right to an appointed attorney and his wish to proceed pro se be transcribed or otherwise recorded verbatim, filed, and made part of the common law record, and double jeopardy did not preclude a retrial where the evidence was sufficient to convict defendant.
For Appellant: Michael J. Pelletier, State Appellate Defender, Ellen J. Curry, Deputy Defender, Richard J. Whitney, Assistant Appellate Defender, Office of the State Appellate Defender, Fifth Judicial District, Mt. Vernon, IL.
For Appellee: Hon. Michael Carr, State's Attorney, Jackson County Courthouse, Murphysboro, IL, Patrick Delfino, Director, Stephen E. Norris, Deputy Director, Whitney E. Atkins, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL.
JUSTICE SCHWARM delivered the judgment of the court, with opinion. Presiding Justice Cates and Justice Chapman concurred in the judgment and opinion.
[¶1] The defendant, James Jamison, appeals from his conviction for obstructing a peace officer. For the reasons that follow, we reverse and remand for further proceedings.
[¶3] On March 4, 2013, a Jackson County jury found the defendant guilty of obstructing a peace officer (720 ILCS 5/31-1(a) (West 2010)). The underlying charge alleged that on April 5, 2010, the defendant had knowingly obstructed Officer Zachary Street's investigation of a domestic disturbance by ignoring his commands to open the door to 619 North Springer in Carbondale so that he could speak with the reported victim, Chelsea Burg. The evidence adduced at trial established the following.
[¶4] On April 5, 2010, at approximately 3 p.m., the Carbondale police department received a 9-1-1 call from Debra Wiseman, who was in Florida at the time. Wiseman reported that her daughter, Chelsea Burg, had called her stating that Burg's boyfriend, the defendant, was drunk and " cutting her things up." Wiseman also reported that Burg was " not answering her phone now." Wiseman advised that Burg resided at 619 North Springer and that Burg's newborn baby was also present in the home, " screaming its head off."
[¶5] Officer Zachary Street of the Carbondale police department was dispatched to respond to the reported domestic disturbance on North Springer and was one of the first officers to arrive. Pursuant to departmental policy, Street's intention was to speak with all parties involved to " basically ensure everybody was okay." When Street approached the residence and knocked on the door, the defendant came to the door but did not open it. When Street advised the defendant why the police were there, the defendant confirmed that Burg and her baby were inside but stated that they were neither coming to the door nor going outside. While Street and the defendant talked through the door, the defendant repeatedly refused to open it, and Street could not ...