2018 IL App (1st) 130698 No. 1-13-0698 Opinion filed September 13, 2018 Fourth Division ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 11 CR 07414-01 ) LAMARR MAXEY, ) Honorable ) Noreen V. Love, Defendant-Appellant. ) Judge Presiding. PRESIDING JUSTICE McBRIDE delivered the judgment of the court, with opinion. Justice Howse concurred in the judgment and opinion. Justice Ellis dissented, with opinion. OPINION ¶1 Pursuant to the supervisory order issued by the Illinois Supreme Court in this case on November 22, 2017, we vacated our previous opinion and reconsider our decision in light of People v. Wright, 2017 IL 119561. ¶2 Following a bench trial, defendant Lamarr Maxey was found guilty of residential burglary and aggravated fleeing or attempting to elude a peace officer. The trial court subsequently sentenced defendant to concurrent terms of 20 years for the residential burglary conviction and 3 years for the aggravated fleeing conviction. ¶3 Defendant appeals, arguing that: (1) defendant’s waiver of counsel was invalid because the trial court failed to properly admonish him pursuant to Illinois Supreme Court Rule 401(a) No. 1-13-0698 (eff. July 1, 1984); (2) during the suppression hearing, the trial court erred in allowing the State to question defendant on irrelevant matters and in excluding relevant evidence; (3) the trial court did not obtain a knowing and voluntary jury waiver; (4) the State failed to prove the charge of aggravated fleeing or attempting to elude a peace officer; and (5) the fines and fees order should be reduced by $24 due to improperly imposed fines and full credit for time in custody awaiting trial. ¶4 On April 18, 2011, defendant, along with codefendant Shadeed Love, was arrested and charged with residential burglary of Robert Fjeldheim and his residence at 333 Jackson Boulevard in Hillside, Illinois. Defendant was also charged with aggravated fleeing or attempting to elude a peace officer. 1 ¶5 Defendant first appeared before Judge Kristyna Ryan on April 19, 2011, and assistant public defender Thomas Tucker was appointed. The court found probable cause to detain and set defendant’s bond at $400,000. On April 22, 2011, defendant appeared before Judge Gilbert Grossi, and was represented by assistant public defender Michael Halloran. Defendant indicated to the court that he wished to represent himself. The following colloquy then took place. “DEFENDANT: I’m pro se. The Public Defender’s office is not representing me. THE COURT: Who said that? DEFENDANT: I informed him already. At this time, I would like to ask for all, any and all — THE COURT: Let’s slow down here. You’re getting ahead of yourself. Did you go to law school? DEFENDANT: I’m very familiar with the law, but I don’t want – 1 Defendant was later charged by indictment with attempted first degree murder and attempted armed robbery. 2 No. 1-13-0698 I’m exercising my constitutional right. I don’t want the Public Defender’s ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals