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People v. Shines

Court of Appeals of Illinois, First District, Third Division

February 4, 2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DEWARD SHINES, Defendant-Appellant

Page 170

Appeal from the Circuit Court of Cook County. No. 10 C4 41309. Honorable Noreen V. Love, Judge Presiding.

FOR PLAINTIFFS-APPELLEE: Jeffrey Allen, Cook County State's Attorney, Chicago, IL.

FOR DEFENDANT-APPELLANT: Jonathan Yeasting, Office of the State Appellate Defender, Chicago, IL.

JUSTICE HYMAN delivered the judgment of the court, with opinion. Presiding Justice Pucinski and Justice Mason concurred in the judgment and opinion.

OPINION

Page 171

HYMAN, JUSTICE.

[¶1] On appeal, defendant, Deward Shines, contends that his case should be remanded for consideration of pro se posttrial claims of ineffective assistance of trial counsel under People v. Krankel, 102 Ill.2d 181, 187-89, 464 N.E.2d 1045, 80 Ill.Dec. 62 (1984). But, as the State argues in its brief, Shines filed his allegation of ineffective assistance of counsel after the trial court lost jurisdiction over the case because 30 days had passed from the entry of the final judgment. Shines successfully petitioned the Illinois Supreme Court to treat his tardy filing as a late notice of appeal. Shines v. Hyman, No. 115941 (May 13, 2013) (supervisory order).

[¶2] Shines' second contention is that one of his two convictions for aggravated fleeing and eluding must be vacated under the one-act, one-crime doctrine. Following a bench trial, Shines was found guilty of two counts of aggravated fleeing and eluding a peace officer and various traffic offenses, then sentenced to concurrent terms of two years' imprisonment. We hold that Shines was properly convicted of both counts of aggravated fleeing and eluding a peace officer based on separate acts, and those convictions are not precluded by the one-act, one-crime doctrine.

[¶3] Background

[¶4] This appeal stems from a November 23, 2010, incident in Maywood, Illinois, which resulted in police charging Shines with two counts of aggravated fleeing and eluding a peace officer, two counts of unlawful use of a weapon by a felon, one count of possession of firearm ammunition without a firearm owner's identification card, one count of possession of cannabis, and various traffic offenses.

[¶5] At trial, Maywood police officer Matias testified that at about 7 p.m. on November 23, 2010, he received a call to investigate an armed robbery that had occurred near Fifth Avenue and Madison Street. The officer spoke to the victim,

Page 172

who gave a description of one of the three assailants and told him that the offenders were driving an older model tan Buick. When the officer took the victim back to the scene to retrieve a backpack that he dropped during the robbery, the victim pointed to a Buick being driven east and approaching Fifth Avenue and said, " That's them right there." The officer told the victim to get out of the squad car, and he and his partner, Officer Guzman, followed the Buick.

[¶6] When the driver stopped at a stoplight, Officer Matias got out of the squad car and went to the driver's side, while Officer Guzman stood at the rear passenger door. There were three people in the Buick, and both officers were in full uniform. Officer Matias tapped on the window and asked the driver, whom he identified as Shines, to roll the window down. Shines looked at the officer, but did not comply. Officer Matias then tried to open the door by grabbing the handle, but the door was locked. Matias hit the window again and told Shines to open the door or roll down the window. The officer then saw what appeared to be a silver handgun tucked between Shines's right thigh and the center console. The officer pulled out his weapon and told Shines to stop and get out of the car. He did not point the gun, or discharge it, but held it at his side. Shines looked at the officer and drove away.

[¶7] The officers ran back to the squad car, activated the lights and sirens, and began chase. Using a loudspeaker, Officer Matias ordered Shines to stop as they drove westbound on Madison Street where the posted speed limit was 25 miles per hour. The officer testified that he was driving 50 miles per hour during the chase, and Shines was pulling away from him, so he concluded that Shines was traveling in excess of 50 miles per hour. Shines made a left turn onto Ninth Avenue through a red light, and continued southbound. The posted speed limit on Ninth Avenue was 25 miles per hour, and Officer Matias estimated that Shines was, again, traveling in excess of 50 miles per hour.

[¶8] Shines then turned westbound on Van Buren, and drove through two stop signs, before turning northbound on Eleventh Avenue. Shines made a right turn on Adams Avenue and another into an alley between Ninth and Tenth Avenues. He stopped in the alley, got out, and ran eastbound toward Ninth Avenue. Officer Matias gave chase to Shines, while Officer Guzman held the two individuals inside the Buick.

[¶9] Officer Matias followed Shines as he ran into the basement of his residence and into a bedroom. He then took Shines into custody, handcuffed him, and searched his person. The officer recovered a chrome-and-black Smith and Wesson magazine containing 11 rounds from Shines's right front pants pocket, and a large bag of cannabis and a scale on the floor of the bedroom, within reach of Shines. Other officers arrived, and as they searched the basement for the weapon, a younger female yelled at them and tried to push them out of the house. The woman refused to comply with their orders to leave the residence or go upstairs, and she was " placed under arrest for obstructing."

[¶10] Later, Officer Matias returned to the Buick and saw Officer Guzman search the Buick and recover cannabis from the center console. On cross-examination, Officer Matias testified that he was familiar with Shines and had been present ...


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