People v. Anthony

355 N.E.2d 218, 41 Ill. App. 3d 1025, 1976 Ill. App. LEXIS 3064
Appellate Court of Illinois·Decided September 23, 1976·No. No. 13195·Published·Cited by 11 cases

Opinion

Mr. JUSTICE GREEN

delivered the opinion of the court:

Defendant Tyrone Anthony was convicted of armed robbery after a jury trial in the Circuit Court of McLean County and sentenced to imprisonment in the penitentiary for 5 to 12 years. He appeals.

Defendant contends on appeal that he was denied a fair trial because improper remarks were made by the prosecutor during closing argument. He claims that the prosecutor expressed his personal opinion of defendant’s guilt, mentioned defendant’s failure to produce certain witnesses, and referred to defendant as a liar and that these comments constituted prejudicial error requiring reversal of his conviction. In considering defendant’s contentions it is necessary to review the evidence presented at trial.

At approximately 10:15 or 10:20 p.m. on March 31, 1974, two men robbed Mr. Softee’s, an ice cream store, in Bloomington, Illinois. The robbers, one of whom carried a gun, took a money bag, the contents of the cash drawer, and personal cash from the three victims, store employees Becky Dunlap and Craig Corbitt and Craig’s father John Corbitt.

Although the victims testified that defendant resembled the gunman, none of them were able to positively identify defendant as the gunman either at a lineup conducted the day after the robbery or at trial. They described the gunman as being a husky, black male, 5’8” to 5T0” tall and wearing a turban. Becky Dunlap testified, however, that during the robbery she had recognized the other robber as William Hosea, Jr., an acquaintance of hers for 7 or 8 years and that she had mentioned this to the police when they arrived at the scene of the robbery.

Hosea was called as a prosecution witness and testified that defendant came to his home at about 9:30 p.m. on the night of the robbery and that after taking Hosea’s girlfriend home, they drove past Mr. Softee’s and decided to rob it. Defendant was the gunman. After the robbery they went to Hosea’s house at 608 North Mason to split the money and then defendant left. On cross-examination Hosea stated that he was testifying pursuant to a plea agreement whereby the charge against him was reduced from armed robbery to robbery.

Officer Elijah Rusk testified that he arrived at the scene of the robbery between 10:45 and 11 p.m. and that after talking to Becky Dunlap, he and another police officer went to 608 North Mason, where they thought they would find Hosea. As they approached the house, they saw a blue Dodge Charger with a black top go down the alley behind the house. When they approached the car, a 5’9” or 510” black man bolted from a nearby pile of logs but they were unable to catch him. They then went to 608 North Mason and were directed to an apartment across the alley where they found Hosea and arrested him. The next day police officers found a money bag and a turban in the alley.

Officer John Rhoda testified that he was looking for the robbery suspects on North Mason at approximately 11 p.m. when a black male, approximately 5’9” and 170 pounds, ran in front of his car and was almost hit. Defendant fit the description of the man but Rhoda was not able to make a positive identification.

Mark Bagnell, another police officer, testified that he and Officer Jenkins were on the corner of Roosevelt and Chestnut at approximately 11:20 p.m. when he saw a black man approximately 5T0” tall and weighing approximately 175 to 180 pounds walk by in a hurried manner. He and Jenkins, neither of whom were in uniform, called, “Halt, police,” and tried to follow him. In the course of chasing the man, Bagnell saw a man’s sleeve underneath an automobile. When he bent down to pull the man out, he was kicked in the head and knocked down. The man ran to the 1100 block of Scott Street, where the officers lost sight of him. He identified defendant as the man they chased and stated that the next time he saw him was some 25 minutes later at defendant’s mother’s house at 1104 North Oak when defendant was arrested.

Donald Curtis, another prosecution witness, testified that he was currently serving a sentence for forgery pursuant to a plea agreement. On March 27,1974, he lost his 1968 Dodge Charger with a black vinyl roof to another man in a poker game. Defendant was one of the people Curtis played poker with, and he saw defendant driving the car several times after that. Later, in April 1974, defendant told Curtis that he and Hosea had robbed Mr. Softee’s. He also told him that he had kicked a policeman who chased him and that he had had to run so fast he lost one of his shoes.

Defendant was the only witness called by the defense. He testified that he did not go to Mr. Softee’s on March 31,1974, and did not participate in any robbery there. He had a previous conviction for armed robbery in 1971. He stated that from about 6 to 9 p.m. he played ping-pong at Illinois State University. He did not know any of the people there very well. After that he went to his sister’s house on Oakland Avenue. He got there about 9:30 and stayed about half an hour. He then went to his mother’s house. He stated that later in the evening he went to visit his girlfriend who lived on Scott Street and stayed about 15 or 20 minutes. On the way back to his mother’s house, two men shouted something like “Hey, nigger” and started to chase him. He ran to his mother’s house, where he was later arrested.

Defendant testified that he was 5T0” tall and weighed about 185 pounds. He denied scuffling with a police officer or losing a shoe while being chased. He also denied telling Donald Curtis that he had been involved in the robbery.

On cross-examination defendant admitted that he had not told anyone about the events on the night of the robbery until the morning he testified. He did not know if anyone else could testify to his whereabouts on that night. He had never driven Donald Curtis’ Dodge Charger. He testified that he was slightly acquainted with some of the ping-pong players including one with “an African name, John Afro,” and “a Chinese man by the name of * * * Levene or something * 0 He did not tell his attorney about them until the day he testified, however. His girlfriend’s name was Mary Bauman and he met her at Streid’s Restaurant where they both worked. He had only seen her a few times before that night and it was the first time he had gone to her house. That was the last time he saw her. He thought she moved to Texas soon after that. He did not tell his attorney about her because he would not be able to locate her. It was about 11:30 or 11:45 when he went to her house. She was not surprised to see him even though she was not expecting him. He only stayed about 15 or 20 minutes because he “wasn’t getting across to her.”

The State called three rebuttal witnesses, Gary Streid, Ruth Roley and Mary Bauman. Gary Streid, the manager of Streid’s Restaurant, testified that although his records for March and April 1974 indicated that defendant had worked there, they did not show any employee named Mary Bauman. He could not identify Mary Bauman in the courtroom. Ruth Roley, a waitress at Streid’s, testified that she did not recall that a Mary Bauman had worked there, and she could not identify Mary Bauman in the courtroom, either.

Mary Bauman testified that she had never worked at Streid’s and that she was first contacted about the case about half an hour before she testified.

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People v. Anthony, 355 N.E.2d 218, 41 Ill. App. 3d 1025, 1976 Ill. App. LEXIS 3064 (Ill. Ct. App. 1976).

355 N.E.2d 218 (People v. Anthony) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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