People v. Andrews

569 N.E.2d 192, 210 Ill. App. 3d 474, 155 Ill. Dec. 192, 1991 Ill. App. LEXIS 307
CourtAppellate Court of Illinois
DecidedMarch 7, 1991
DocketNo 1-88-1381
StatusPublished
Cited by2 cases

This text of 569 N.E.2d 192 (People v. Andrews) 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. Andrews, 569 N.E.2d 192, 210 Ill. App. 3d 474, 155 Ill. Dec. 192, 1991 Ill. App. LEXIS 307 (Ill. Ct. App. 1991).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Defendant, Willie Andrews, was convicted of armed robbery after a bench trial and sentenced to 20 years in prison. He contends on appeal that he did not receive a fair trial because of his attorney’s incompetence; he was not proved guilty beyond a reasonable doubt; and the trial court erred by considering improper factors when imposing his prison term.

We affirm.

Background

Denise Sowell, the complaining witness, testified that she and her roommate, Carmen Hunter, were at 47th and King Drive in Chicago at 2 a.m. on April 9, 1987. Sowell parked the car near the corner, in front of a restaurant, while Carmen went inside. Sowell noticed a man, whom she identified as Andrews, standing in the door of the restaurant. She said that Andrews jumped into the car, pulled a long butcher knife out of his coat, and held it to her throat. He ordered, “Pull off bitch, before I cut your throat.” She eased up on the brakes but pulled the car up only a couple of feet. She told defendant she had nothing except her purse in the back. He grabbed the purse and ran off. The purse contained a wallet, identification and approximately $20.

Sowell testified that she ran into the restaurant screaming that she had been robbed and asked to call the police. She said they came a few hours later and she signed a complaint.

The following night, around 4 a.m., she and Carmen Hunter were again driving around. They entered a lounge on 47th and Forrestville to buy cigarettes. Sowell saw defendant on her way in, but he did not react to her. She called the police from the lounge, went outside, and flagged down an unmarked police car. She told the two detectives inside, Szudarski and Segers, that defendant was the man who had robbed her the night before with a knife. The officers pulled over to the sidewalk and arrested him. They found a wallet on him and a butcher knife.

Sowell further testified that at the police station she identified the wallet recovered from defendant. She said the police returned her driver’s license and business cards that were inside the wallet. She did not have any identification with her in court and said she thought her driver’s license had expired.

Detective Alan Szudarski’s testimony corroborated much of what Sowell said concerning the arrest of defendant and the items recovered from him. He described the wallet as a vinyl identification wallet. He agreed that in his inventory report, he had written that the wallet contained Andrews’ identification in it and he did not list anything else. At trial, however, he maintained that when the red wallet was lying on a table at the station, Sowell saw it, said it was hers, and Szudarski then looked through it. He testified that the officers kept the wallet but gave her the identification because she had none.

After Szudarski’s testimony, defense counsel asked the court to recall Sowell so that he could examine the identification she supposedly had retrieved after the arrest, specifically the driver’s license. The trial court questioned her regarding her driver’s license. She said she no longer had a license and that it had expired the previous March (1987). She then said it had not expired at the time of the incident, April 1987. There was additional confusion over the actual expiration date of the license.

Defense counsel moved to strike Sowell’s testimony, arguing that although she testified that she had called the police immediately after the incident on the first night, this was not reflected in any police reports tendered to the defense. Also, Sowell could not produce her license and the detective’s report did not mention that any of her identification was in the wallet they recovered. Defense counsel also tendered to the court a police report dated April 21, 1987, eleven days after the incident. This report stated that the crime of April 9, 1987, was a strong-arm robbery, one committed without a weapon. This report was not furnished to the defense before trial, and defendant moved for a mistrial on the ground that he had prepared the case from discovery furnished him by the State. The trial court denied the defense motions to strike Sowell’s testimony and the motion for mistrial, stating that defense counsel could call in the officer who wrote the report and examine him directly on the weapon issue.

Defendant’s witness was his sister, Vanessa Andrews, a law student and mother of four children. She testified that on April 9, 1987, Willie was at her home the entire night. She said she had stayed up all night studying and that her boyfriend and her brother were watching television and drinking rum and cola. She testified that at around 3 a.m. defendant was watching a karate picture, which he called to her attention. She also testified that he owned a small maroon “bus pass type thing” that she had bought for him on the “el” from a man who was selling small items on the train.

After the defense rested, the court asked if counsel planned to bring in the other officer as a witness. Counsel stated he would subpoena Sowell to question her as to why she told the reporting officer that there was no weapon. The trial court continued the case for another week and suggested that defense counsel bring in the author of the police report in question.

On the next trial date the State called Carmen Hunter in rebuttal. Hunter was serving a term of probation and periodic imprisonment for involuntary manslaughter. She testified that she was with Sowell on April 9 and 10 and that she had observed defendant standing about a door away from the restaurant. A few minutes after Hunter went into the restaurant, Sowell came in and said she had been robbed at knife point. The next morning, at 4 a.m., Hunter was again with Sowell. They went to a lounge to buy cigarettes. According to Hunter, Sowell told her to keep an eye on the man she identified as defendant while Sowell called the police. Hunter's recollection of what defendant was wearing was vague and she said she’d just taken “a glance” at him.

After the State rested in rebuttal, defense counsel said he had nothing further. Sowell was in court and had talked to defense counsel. He said he did not plan to call her as a witness.

During his summation, defense counsel cited the police report, which he had received a week after trial began, emphasizing that it stated “no weapon” had been used. That would reduce the armed robbery charge to simple robbery.

The trial court’s comments reveal that the court found Sowell’s testimony to be clear as to what had happened. The court noted that simply because Detective Szudarski’s report only mentioned defendant’s identification in the wallet did not mean that Sowell’s identification was not there also. The court did not mention the police report that referred to the lack of a weapon. Expressing skepticism over the testimony of the defendant’s sister, the court found that the State’s witnesses had been consistent in their testimony. Accordingly, the court determined that the State had carried its burden of proof.

At the sentencing hearing, the court noted that defendant had served 15 years for second degree murder in Tennessee and remarked that his conduct in the pending case caused harm or serious threats of harm.

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Related

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638 N.E.2d 390 (Appellate Court of Illinois, 1994)
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Cite This Page — Counsel Stack

Bluebook (online)
569 N.E.2d 192, 210 Ill. App. 3d 474, 155 Ill. Dec. 192, 1991 Ill. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-andrews-illappct-1991.