People v. Vesey

State: Illinois

Court: 3rd District Appellate

Docket No: 3-09-0570 Official Reports

Case Date: 09/27/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Vesey, 2011 IL App (3d) 090570

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JANET VESEY, Defendant-Appellant.

District & No.

Third District Docket No. 3-09-0570 September 27, 2011 Defendant's conviction for unlawful possession of a controlled substance was reversed and the cause was remanded for a new trial where the trial court failed to comply with Supreme Court Rule 431(b) when the court did not ask certain members of the jury about some of the Zehr principles, and although defendant failed to preserve her objection to the procedure, the "conventional" plain error analysis was applied, and based on the closely balanced evidence, the clear and obvious error was found to have prejudiced defendant.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Rock Island County, No. 08-CF-1265; the Hon. Thomas C. Berglund, Judge, presiding.

Judgment

Reversed and remanded.

Counsel on Appeal

Robert Agostinelli, of State Appellate Defender's Office, of Ottawa, and Ron D. Dolak, of Konicek & Dillon, P.C., of Geneva, for appellant. Jeff Terronez, State's Attorney, of Rock Island (Terry A. Mertel and Gary F. Gnidovec, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. Presiding Justice Carter and Justice O'Brien concurred in the judgment and opinion.

OPINION

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