People v. Blake

579 N.E.2d 861, 144 Ill. 2d 314, 162 Ill. Dec. 47, 1991 Ill. LEXIS 76
CourtIllinois Supreme Court
DecidedSeptember 19, 1991
Docket70787
StatusPublished
Cited by31 cases

This text of 579 N.E.2d 861 (People v. Blake) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Blake, 579 N.E.2d 861, 144 Ill. 2d 314, 162 Ill. Dec. 47, 1991 Ill. LEXIS 76 (Ill. 1991).

Opinion

CHIEF JUSTICE MILLER

delivered the opinion of the court:

Following a jury trial in the circuit court of Peoria County, the defendant, Levi Q. Blake, was convicted of armed robbery and residential burglary. The trial court entered judgment on the armed robbery conviction and sentenced defendant to 12 years’ imprisonment. The appellate court, with one justice dissenting, reversed defendant’s armed robbery conviction, finding insufficient proof of the elements of that offense. The appellate court remanded the cause for entry of judgment and sentencing on defendant’s conviction for residential burglary. (199 Ill. App. 3d 1075.) We allowed the State’s petition for leave to appeal (134 Ill. 2d R. 315(a)).

The facts in this case are largely undisputed. At the time of the offenses, Mabel S., 77 years old, was a resident of Peoria. Mabel had limited vision and needed assistance with ordinary tasks. A friend, Rosemary M., 63 years old, would help Mabel perform routine chores and would often spend the night at Mabel’s home. Around 11 o’clock on the evening of January 31, 1987, the women secured the house by locking the doors and then retired to separate bedrooms on the second floor.

At trial, Rosemary testified that she woke up around 6 o’clock the next morning and realized that intruders had broken into the house. She saw one man in the hallway outside her bedroom and heard him say, “I’m going in and rough her up,” and she heard another man say “I’m going on in her room and have some fun.” Mabel testified that she was awakened by a noise and then saw a man pushing her bedroom door open. The man fired a pistol, ransacked her bedroom, and returned to the first floor. Mabel then went to Rosemary’s bedroom and found a second man holding a gun to her friend’s head. The man pointed the gun at Mabel and demanded her car keys. When Mabel told him that she did not own a car, he ordered her to lie down on the floor and then struck her in the face with the gun.

One man held the women in Rosemary’s bedroom at gunpoint while another man made several trips to the first floor. The women testified that at one point they heard the man who was running up and down the stairs yell to a third person. The women also heard someone downstairs respond. The women were not wearing their eyeglasses at the time of the intrusion and thus were unable to identify the assailants or describe them in detail.

Two of the intruders attempted to flee from the premises when police officers arrived at the scene. One of the intruders, Willie James Dixon, was shot and killed in an exchange of gunfire with an officer. Willie’s brother, Anthony Dixon, was captured and taken into custody. Later that day, an officer searching the attic of the house found defendant hiding inside a cardboard barrel. The defendant was then placed under arrest.

Defendant testified in his own behalf at trial, raising the defenses of compulsion and necessity. Defendant explained that he spent the day before the offenses drinking with Anthony Dixon and later smoking marijuana and drinking with Anthony and Willie Dixon. Around 3 o’clock the next morning, defendant told the Dixons that he wanted to go home. Willie suggested that the brothers would accompany defendant home if he agreed to stop first at Willie’s residence. Defendant testified that he was drunk and confused at the time and that he agreed to Willie’s plan because he hoped to be walked home.

According to defendant, the three men were walking past the house in question when one of the Dixons asked him if he had once lived nearby. Defendant responded affirmatively. Defendant testified that the brothers then had a conversation in a language he did not understand and afterwards jumped over the fence into the backyard. When defendant asked the Dixons what they were doing, Willie replied, “Man, we’re about the money.” Willie then pointed a gun at defendant and ordered him to climb over the fence. Defendant complied. The Dixons entered the house, but defendant remained outside and started to walk away. Willie then pointed a gun toward defendant and told him that he could not leave.

Defendant testified that Willie later returned with a television set, a microwave oven, and an antique clock and demanded that defendant help carry the items. When defendant hesitated, Willie asked defendant if he wanted to see the women die. Defendant then followed Willie to a nearby garage, where they left the items. Willie later ordered defendant to accompany him inside the house. Defendant testified that he warned the Dixons when the police arrived. While the Dixons attempted to escape, defendant hid in the attic, where he was discovered later that day. At trial, defendant stated that he felt compelled to cooperate with the Dixons because of Willie’s threats against both him and the women.

Defendant was charged with the offenses of home invasion, armed robbery, and residential burglary and was tried on an accountability theory. In defendant’s first trial, a jury found defendant guilty of all three offenses, and the court entered judgment on the conviction for home invasion. In an earlier appeal, the appellate court reversed defendant’s conviction and remanded the cause for a new trial because of an error in jury instructions. (People v. Blake (1988), 168 Ill. App. 3d 581.) On retrial, the jury found defendant guilty of armed robbery and residential burglary and not guilty of home invasion. The trial judge entered judgment on the armed robbery conviction and sentenced defendant to 12 years’ imprisonment for that offense.

The appellate court, with one justice dissenting, reversed defendant’s armed robbery conviction and remanded the cause for entry of judgment and sentencing on defendant’s remaining conviction for residential burglary. The court concluded that the prosecution had failed to establish two elements of the offense of armed robbery: that the property was taken by force or the threat of force, and that the property was taken from the victims’ presence. The appellate court did not believe that the women, while situated on the second floor of the residence, were in control of the items of property on the first floor that defendant was charged with taking. In addition, the court did not believe that the acts of violence committed and threatened by the Dixons were means by which the women were forced to relinquish control over the property. (199 Ill. App. 3d at 1076-77.) The dissenting justice believed that both the force and presence elements of the offense had been established beyond a reasonable doubt and thus would have affirmed defendant’s conviction for armed robbery. (199 Ill. App. 3d at 1079 (Heiple, P.J., dissenting).) We allowed the State’s petition for leave to appeal (134 Ill. 2d R. 315(a)).

Armed robbery is defined by statute as the taking of property from the person or presence of another by the use of force or by threatening the imminent use of force while armed with a dangerous weapon. (Ill. Rev. Stat. 1987, ch. 38, pars. 18 — 1, 18 — 2.) “To sustain a charge of armed robbery it is essential that the robber use violence or fear of violence as the means to take property [from the person or presence] of the victim.” (People v. Tiller (1982), 94 Ill.

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Bluebook (online)
579 N.E.2d 861, 144 Ill. 2d 314, 162 Ill. Dec. 47, 1991 Ill. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blake-ill-1991.