Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Scott

Court of Appeals of Illinois, Fourth District

November 30, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
ZACHARY SCOTT, Defendant-Appellant.

         Appeal from Circuit Court of Morgan County No. 14CF100 Honorable Jeffrey E. Tobin, Judge Presiding.

          TURNER PRESIDING JUSTICE delivered the judgment of the court, with opinion. Justices Steigmann and Appleton concurred in the judgment and opinion.

          OPINION

          TURNER PRESIDING JUSTICE

         ¶ 1 In August 2014, the State charged defendant, Zachary Scott, by information with one count of failure to register as a sex offender (730 ILCS 150/3(a), 10(a) (West 2014)). After a February 2015 trial, a jury found defendant guilty of the charge. Defendant filed a posttrial motion and an amended posttrial motion. At the March 2015 sentencing hearing, the Morgan County circuit court sentenced defendant to eight years' imprisonment. In June 2015, the court denied defendant's amended posttrial motion.

         ¶ 2 Defendant appeals, contending (1) the State failed to prove him guilty beyond a reasonable doubt, (2) plain error occurred because the jury instructions failed to state all of the elements of the charge and the circuit court failed to respond to the jury's legal question, (3) he received ineffective assistance of trial counsel, (4) the circuit clerk improperly imposed fines, and (5) he did not receive a per diem credit. We affirm in part as modified and vacate in part.

         ¶ 3 I. BACKGROUND

         ¶ 4 The State's August 25, 2014, information asserted defendant committed unlawful failure to register as a sex offender in that he, a sex offender, knowingly failed to register, in accordance with the provisions of the Sex Offender Registration Act (Act) (730 ILCS 150/1 et seq. (West 2014)), with the chief of police of Jacksonville, Illinois, on Monday, August 18, 2014, as required. The information also noted defendant had a prior conviction for violating the Act (People v. Scott, No. 12-CF-100 (Cir. Ct. Morgan Co.)). Thus, defendant was alleged to have committed a Class 2 felony. See 730 ILCS 150/10(a) (West 2014) (providing "[a]ny person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony").

         ¶ 5 In February 2015, the circuit court held defendant's jury trial. The State presented the testimony of Michele Quinlan, an investigative aid for the Jacksonville police department, and Kyle Chumley, a Jacksonville detective. In addition to their testimony, the State presented defendant's August 11, 2014, registration form (State's exhibit No. 1). Defendant's only evidence consisted of 25 of his sex offender registration forms dated from January 9, 2012, to August 11, 2014. Both parties stipulated defendant was a sex offender.

         ¶ 6 Quinlan testified that, on August 11, 2014, she assisted defendant in completing his registration form. When defendant signed the form, it listed his next registration date as August 18, 2014. Quinlan was working on August 18, 2014, and defendant did not report for registration. Defendant did appear for registration on August 21, 2014, and Quinlan notified Detective Chumley of his appearance.

         ¶ 7 Detective Chumley interviewed defendant on August 21, 2014. Defendant was cooperative and answered his questions. Defendant told the detective he thought he had a grace period. Detective Chumley arrested defendant after the interview.

         ¶ 8 The August 11, 2014, registration form listed defendant's resident address as "Homeless, " and as to the type of registration, the box was checked for "Homeless Weekly." Defendant did provide a mailing address but stated "not living there." The form also stated the following: "I have read and/or had read to me, the above requirements. It has been explained to me and I understand my duty to register on or before 8/18/14." Defendant signed the form.

         ¶ 9 One of the jury instructions given by the circuit court was the State's instruction No. 12, which was based on Illinois Pattern Jury Instructions, Criminal, No. 9.43F (4th ed. Supp. 2011). That instruction read as follows: "A person commits the offense of failure to register as a sex offender when he knowingly fails to register." The court also gave the State's instruction No. 13, which was based on Illinois Pattern Jury Instructions, Criminal, No. 9.43H (4th ed. Supp. 2011), which stated, in pertinent part, the following:

"To sustain the charge of unlawful failure to register as a sex offender, the State must prove the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.