from Circuit Court of Livingston County Nos. 13DT2 13CM25
Honorable Mark A. Fellheimer, Judge Presiding.
JUSTICE TURNER delivered the judgment of the court, with
opinion. Justices Harris and Pope concurred in the judgment
1 In February 2014, the trial court found defendant, Karl J.
Fellers, guilty of four counts of driving under the influence
(DUI) and one count of unlawful possession of cannabis. In
May 2014, the court sentenced him to 24 months' probation
and 180 days in jail for the DUI convictions and 30 days in
jail for the cannabis conviction.
2 On appeal, defendant argues he was deprived of the
effective assistance of counsel at trial. We affirm in part
and remand with directions.
3 I. BACKGROUND
4 A. Case No. 13-DT-2
5 In January 2013, defendant was charged via a citation and
complaint in case No. 13-DT-2 with two counts of DUI (counts
I and II) (625 ILCS 5/11-501(a)(1), (a)(2) (West 2012)). In
September 2013, the State filed a supplemental complaint,
charging defendant with two counts of driving with cannabis
(count III) and heroin (count IV) in his blood, breath, or
urine (625 ILCS 5/11-501(a)(6) (West 2012)).
6 B. Case No. 13-CM-25
7 In January 2013, the State charged defendant in case No.
13-CM-25 with one count of obstructing a peace officer (720
ILCS 5/31-1(a) (West 2012)), alleging he knowingly obstructed
the performance of Pontiac police officer Markus Armstrong
while performing an authorized act within his official
capacity and knowing him to be a peace officer engaged in the
execution of his official duties in that he refused to obey
commands to stop and ran from the police. The State also
charged defendant with one count of unlawful possession of
cannabis (720 ILCS 550/4(a) (West 2012)), alleging he
knowingly possessed not more than 2.5 grams of a substance
8 C. Bench Trial
9 In November 2013, the trial court conducted a bench trial
in both cases. Jesse Sechrest testified he was driving home
from work in his silver Jeep at approximately 12:30 a.m. on
December 29, 2012. He observed a Chevrolet Malibu in front of
him that "was swerving back and forth." Sechrest
called the police.
10 Lalena Heidenreich testified she lived in a house with two
apartments on December 29, 2012. At approximately 12:30 or 1
a.m., she "heard somebody go running up the front
stairs." She also heard "some shouting" and
saw police officers outside the house.
11 Pontiac police officer Marcus Armstrong testified he was
in his marked squad car in the early morning hours of
December 29, 2012. He observed a Chevrolet Malibu followed by
a silver Jeep. Armstrong turned around and "attempted to
catch up to the vehicle." The vehicle proceeded on
Howard Street, turned onto Chicago Street, then turned west
on another street before ultimately ending up at 804 North
Main Street. Armstrong stated the vehicle "stopped very
abruptly, " such that it "was skidding through the
gravel when it came to a stop." Armstrong saw a white
male with dark hair wearing blue jeans and a black T-shirt
over a gray long-sleeved shirt. The person looked back at
Armstrong, reached into the vehicle, grabbed a duffel bag ...