People v. Villanueva

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State: Illinois

Court: 1st District Appellate

Docket No: 1-06-2771 Rel

Case Date: 04/21/2008

Preview:FIRST DIVISION APRIL 21, 2008

No. 1-06-2771

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERTO VILLANUEVA, Defendant-Appellant.

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Appeal from the Circuit Court of Cook County. No. 05 CR 26405 Honorable Clayton J. Crane, Judge Presiding.

JUSTICE ROBERT E. GORDON delivered the opinion of the court: Defendant Roberto Villanueva was convicted of one count of leaving the scene of a motor vehicle accident involving death or personal injury pursuant to section 11-401(a) of the Illinois Vehicle Code (Vehicle Code) following a bench trial. 625 ILCS 5/11401(a) (West 2006). A sentencing hearing was conducted where mitigation and aggravation were presented. The trial court sentenced defendant to 2 years of probation and 60 hours of community service. Defendant filed a posttrial motion for a new trial, which was denied. Defendant appeals, arguing that (1) the trial court erred by admitting hearsay evidence from the victim that she was diagnosed with a mild concussion, and (2) his trial counsel was ineffective. We affirm.

No. 1-06-2771 BACKGROUND On July 17, 2005, at approximately 12:30 a.m., Wendy Gray was driving east on Pratt Avenue in Chicago. At trial, Ms. Gray testified that the roads were dry and there was minimal traffic on the roadways. As Ms. Gray proceeded through the green light at Ridge, she noticed a set of headlights coming toward her. The front end of that vehicle, traveling south on Ridge Avenue struck the driver's side of Ms. Gray's vehicle in the intersection. After the collision, Ms. Gray moved her vehicle to the side of the road. Ms. Gray testified that she was traveling 30 miles per hour through the intersection when the collision occurred. She testified that the vehicle that struck her looked like a truck because the headlights appeared higher than the lights in a regular passenger vehicle. Two men from a nearby apartment complex came to Ms. Gray's aid and called 911 from her cellular telephone. Ms. Gray testified that she suffered some bruising on the left side of her body and a "goose egg" bump on her head. She felt dizzy, her head was pounding, and it was sore to touch. An ambulance arrived in response to the 911 call within five minutes and transported her to a hospital where she was treated with ibuprofen for pain. Ms. Gray was interviewed by two police officers at the hospital. Ms. Gray testified that she never saw the person driving the vehicle that struck her and that no one at the scene of the accident identified himself or herself as the driver of that vehicle. Officer Charles Steele testified that he and his partner, Officer Kevin Casey, were on duty in a patrol car around 12:30 a.m. on July 17, 2005, when they received a radio

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No. 1-06-2771 dispatch regarding a vehicle collision at Pratt and Ridge Avenues in Chicago. Upon arriving at the scene of the accident, Officer Steele observed a heavily damaged motor vehicle and paramedics treating Ms. Gray. Officer Steele testified that Ms. Gray's vehicle was the only damaged vehicle at the scene. Ms. Gray explained to Officer Steele how the accident occurred. Officer Steele and his partner left the scene of the accident a short time after Ms. Gray was taken to the hospital. At the hospital, Officer Steele spoke with Ms. Gray and emergency room personnel. The officers prepared a written report and gave a copy to Ms. Gray. Shortly thereafter, the officers returned to the Pratt/Ridge intersection. Officer Steele testified that he and his partner observed a trail of fluid and debris at the accident site leading eastbound on Pratt, which appeared to be radiator fluid. The officers followed the trail eastbound for about a block and a half and then continued as the trail led northbound on Ravenswood Avenue. The trail finally led westbound on Farwell Avenue for about half a block, and ended at a black sports utility vehicle (SUV) with front-end damage, parked at 1848 West Farwell Street, about a quarter mile from the scene of the accident. As the officers examined the SUV and began to investigate their findings by collecting information, including the vehicle's vehicle identification number (VIN), defendant approached them from 1848 West Farwell Street and stated that the SUV belonged to him and that he was in a collision at the intersection of Pratt and Ridge when he went through a red light. Officer Steele testified that defendant made the above

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No. 1-06-2771 statements "clearly in English." The officers asked defendant for his driver's license and proof of insurance, but he was unable to provide either. Officer Steele testified that he completed a traffic accident report and arrested defendant for traffic violations. Defendant never told the officers that he had attempted to report the accident. Following a bench trial with the assistance of a Spanish interpreter, defendant was found guilty of leaving the scene of a motor vehicle accident involving death or personal injury. Defendant filed this timely appeal. ANALYSIS On appeal, defendant argues that his conviction of leaving the scene of an accident involving personal injury must be reversed because the trial court erred by admitting hearsay evidence from the victim that she was diagnosed with a mild concussion. Defendant claims the improperly admitted hearsay evidence supplied the necessary evidence that the victim suffered a personal injury, which is an essential element of the charged offense. At trial, Ms. Gray testified that as a result of defendant colliding with her vehicle, she suffered a "goose egg" bump on her head and some bruising on the left side of her body. Ms. Gray testified that after the collision, she felt dizzy, her head was pounding, and it was sore to touch. An ambulance arrived within five minutes of the 911 call made from Ms. Gray's cellular telephone and transported her to a hospital. Ms. Gray testified, over objection, that she was diagnosed with a mild concussion and given ibuprofen for pain at the hospital.

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No. 1-06-2771 Although defendant did make a general objection to Ms. Gray's testimony at trial, he acknowledges that no specific hearsay objection was made and that he did not raise the specific issue again in a posttrial motion. "A general objection raises only the question of relevance." People v. Duff, 374 Ill. App. 3d 599, 602 (2007), citing People v. Buie, 238 Ill. App. 3d 260, 275 (1992). Normally, a general objection results in the forfeiture of the hearsay issue. Duff, 374 Ill. App. 3d at 602, citing People v. Simms, 168 Ill. 2d 176, 193 (1995) ("A general objection results in a waiver of the claim of error unless (1) the grounds for the objection were clear from the record, (2) trial counsel's assistance was ineffective [citation], or (3) there was plain error"). Nevertheless, we will address the merits of defendant's contention. Duff, 374 Ill. App. 3d at 602-03, citing People v. Roberts, 299 Ill. App. 3d 926, 931 (1998) ("[W]aiver is a bar upon the parties and not upon the court"). We begin our analysis with defendant's contention that Ms. Gray's testimony concerning the emergency room doctor's hearsay diagnosis of a mild concussion supplied the evidence necessary to convict him by setting forth the relevant statutory provisions. Section 11-401 of the Vehicle Code provides: "Sec. 11-401. Motor Vehicle accident involving death or personal injuries. (a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as

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No. 1-06-2771 possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled. Every stop shall be made without obstructing traffic more than is necessary. (b) *** For purposes of this Section, personal injury shall mean any injury requiring immediate professional treatment in a medical facility or doctor's office." 625 ILCS 5/11-401 (2006). Section 11-403 of the Vehicle Code provides: "

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