People v. Allen

780 N.E.2d 1133, 335 Ill. App. 3d 773, 269 Ill. Dec. 409, 2002 Ill. App. LEXIS 1204
CourtAppellate Court of Illinois
DecidedDecember 10, 2002
Docket4 — 00 — 0786
StatusPublished
Cited by17 cases

This text of 780 N.E.2d 1133 (People v. Allen) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Allen, 780 N.E.2d 1133, 335 Ill. App. 3d 773, 269 Ill. Dec. 409, 2002 Ill. App. LEXIS 1204 (Ill. Ct. App. 2002).

Opinions

JUSTICE TURNER

delivered the opinion of the court:

In February 2000, the State charged defendant, Mark S. Allen, with aggravated unlawful restraint (720 ILCS 5/10 — 3.1(a) (West 2000)) and aggravated kidnaping (720 ILCS 5/10 — 2(a)(5) (West 2000)). After a July 2000 trial, the jury found defendant guilty of both charges. At a joint hearing in September 2001, the trial court denied defendant’s posttrial motion and sentenced him as a habitual criminal under section 33B — 1 of the Criminal Code of 1961 (Code) (720 ILCS 5/33B — 1 (West 2000)) on the aggravated kidnaping conviction to life in prison without the possibility of parole.

Defendant appeals, arguing (1) he was denied a fair trial because the State improperly used other-crimes evidence to show propensity to commit crimes, (2) the prosecutor made improper statements in his closing argument, and (3) his enhanced sentence based on his habitual criminal status is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). We affirm.

I. BACKGROUND

The victim in this case, Kristi L., a 14-year-old Lanphier High School student, gave the following testimony as to the events that occurred on January 18, 2000. School ended at 3:12 p.m., and Kristi talked with a friend for about 15 to 20 minutes after school. On cross-examination, she testified she then spent an additional 5 to 10 minutes trying to get a ride home with a friend. After talking with the friend, she left the school and began walking home. As she walked, she noticed a purple truck in the basketball-hoops parking lot.

The truck eventually left the lot and pulled up alongside her. A man inside the truck asked if she knew of a street, and she replied no. The man then asked if she needed a ride home. Kristi said no and kept walking. The truck then pulled into a driveway and appeared to be leaving.

As Kristi continued to walk, she heard the truck stop behind her and then someone asked her to come here. She again said no and kept walking. Then the man came up behind her, put a knife to her throat, and asked her if she wanted this. The knife was about five to six inches long. She said no, and the man told her to get into the truck. He put his arm around her with the knife to her throat and walked her to his truck. The man put her in the passenger side of the truck and then got in the driver’s side. She asked him not to hurt her, and he told her not to worry because he would not hurt her.

The man then drove around the area for about 15 to 20 minutes without saying a word. He eventually asked her where she lived, and she replied 17th Street. He then went to a wrong portion of 17th Street, and when she informed him her home was near Fairview Park, he took her directly to 17th Street and Griffith Street in Springfield, Illinois, which was near her home. He slowed down the truck, and when she heard the door unlock, she jumped out and ran home.

Her sister, Lindsey Lanham, was at home when she arrived. Kristi called her mother, Linda Campbell, at work and told her what happened. Kristi’s stepfather, Jody Campbell, arrived home, and upon hearing what happened, called the police.

Kristi went to the police station several times after the January 18, 2000, incident. On one occasion, she looked at several mug shot books but found no photograph of the man who had assaulted her. Defendant’s photograph was not among the mug shots in the books. On February 4, 2000, Detective Stephen Pellegrini presented Kristi with a photographic lineup with six men. Kristi picked out the picture of defendant but stated she was unsure and would like to see him in a lineup. On February 8, 2000, Kristi again went to the police station to view a lineup. She identified defendant in the lineup as the man in the truck. The next day, she identified defendant’s truck. At trial, Kristi identified defendant as the man who forced her into his truck.

The State charged defendant as stated. On April 21, 2000, defendant filed a motion in limine, seeking to prohibit introduction of the nature of the aggravated criminal sexual assault conviction (People v. Allen, No. 90 — CF — 627 (Cir. Ct. Sangamon Co.)) for which he was on an electronic monitoring device on January 18, 2000.

The trial court held a hearing on defendant’s motion in limine at which voir dire of Victoria (Vicki) T, the victim of the 1990 crime, was allowed. Vicki testified that on September 8, 1990, she was employed at Scampi’s, which was located at Second Street and North Grand Avenue in Springfield, Illinois. At the time, Vicki was 19 years old. She got off work at 3 p.m. and began walking to her boyfriend’s home at 2335 North Fourth Street. As she was walking in a parking lot, she noticed a maroon and silver Chevy Caprice Classic slowed down behind her. A man stopped the car alongside her and stepped out of it. The man was carrying a knife about six to eight inches in length. The man put the knife to her throat and told her to get into the car. The man drove the car, holding Vicki close to him with the knife to her throat. While driving, the man told her was not going to hurt her, just rob her. Vicki noticed what “appeared to be a plastic silver pistol” on the passenger side floor. After about five minutes of driving, they went to a wooded area. The man made her take off her clothes, and then he sexually assaulted her. After he assaulted her, he first told her she could just leave but then told her to get back in the car. He then drove around the woods until she was lost. Vicki identified defendant as the man who assaulted her.

After comparing Vicki’s testimony with Kristi’s January 18, 2000, statement to the police, the trial court found the evidence of the prior crime admissible except for the sexual assault portion of the crime. The court noted the testimony went to modus operandi, and it was applying a less-stringent degree-of-identity standard between the two crimes because the evidence went to state of mind and not identity. At trial after the State’s evidence, the trial court outside the presence of the jury noted it had reevaluated its ruling on the motion, applied the more stringent standard, and found the evidence still admissible.

At the July 2000 trial, the State first called Lindsey. Lindsey testified that on January 18, 2000, she was talking on the phone when her sister came in crying at about 4:25 p.m. Kristi told her to get off the phone and lock all the doors. Lindsey did as requested, and Kristi called their mother. Lindsey and Kristi’s stepfather arrived home shortly thereafter.

Linda next testified that in January 2000, she was at work when a coworker told her that her daughter was on the phone crying and something was wrong. The call was at approximately 4:25 p.m. Linda had a difficult time understanding Kristi because of the crying but understood someone had picked Kristi up after school at knifepoint and put her in a truck. Linda left work immediately and arrived home 10 to 15 minutes later. Kristi told her mother again someone had put her in a truck at knifepoint on her way home from school. Kristi stated the truck had a Christmas tree in the back.

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Cite This Page — Counsel Stack

Bluebook (online)
780 N.E.2d 1133, 335 Ill. App. 3d 773, 269 Ill. Dec. 409, 2002 Ill. App. LEXIS 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-allen-illappct-2002.