People v. Bliey

597 N.E.2d 830, 232 Ill. App. 3d 606, 173 Ill. Dec. 856, 1992 Ill. App. LEXIS 1229
CourtAppellate Court of Illinois
DecidedJuly 30, 1992
Docket1-88-2389
StatusPublished
Cited by22 cases

This text of 597 N.E.2d 830 (People v. Bliey) 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. Bliey, 597 N.E.2d 830, 232 Ill. App. 3d 606, 173 Ill. Dec. 856, 1992 Ill. App. LEXIS 1229 (Ill. Ct. App. 1992).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Defendant, Kenneth Bliey, was convicted of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1(a)) and attempted murder (Ill. Rev. Stat. 1985, ch. 38, pars. 8 — 4(a), 9 — 1(a)) following a jury trial in the circuit court of Cook County. The trial judge sentenced defendant to a prison term of natural life on the murder conviction and a concurrent prison term of 30 years on the attempted murder conviction.

Defendant appeals, contending the trial judge: (1) erred by denying defendant’s motion to suppress evidence; (2) denied defendant a fair trial by admitting evidence that he previously sold drugs to the victims; (3) incorrectly admonished defendant before allowing him to represent himself; (4) denied defendant his right to the assistance of counsel during voir dire and opening statements; (5) erred by denying defendant’s motion for the appointment of counsel other than the public defender; and (6) erred by denying defendant’s motion for a continuance. Defendant also contends: (7) the State failed to prove him guilty beyond a reasonable doubt, and (8) defendant’s sentence was improper and excessive.

We affirm the judgment of the trial court.

Background

The record contains the following pertinent facts. On December 5, 1986, defendant was charged in a 10-count indictment with offenses stemming from the shooting death of Anthony Jones and the shooting of Ronald Nelson.

A

On December 9, 1987, the trial court held a hearing on defendant’s motion to quash the arrest and suppress evidence. Defendant’s evidence was essentially as follows.

On the evening of October 28, 1986, defendant was in his mother’s second-floor apartment in a two-flat building located at 5546 West Adams Street in Chicago. Defendant’s grandfather resided in the first-floor apartment and defendant resided in the basement. Defendant had been in his mother’s apartment since 9:45 p.m. At approximately 11 p.m., defendant and his mother heard knocking from the building’s front door. Defendant went downstairs to investigate. Chicago police officers had broken the lock on the outer door and were trying to break open the inner door.

Defendant opened the door. Several police officers asked defendant whether he was Kenneth Walker; defendant identified himself. Some police officers ran past defendant upstairs; others stayed with him on the first floor and handcuffed him to a railing. Police searched the apartment of defendant’s mother. The officers returned and questioned defendant. They then led defendant, in handcuffs, out of the building. A squad car was parked in front of the building. Cassandra Burress and a man in civilian clothes were in the car. Defendant overheard one police officer say to another: “The guy doesn’t know, he said he didn’t think so; the girl is hysterical but she says it could be.” The other officer responded: “We’H take him in anyway.”

The police returned to the apartment of defendant’s mother and again searched it. They then went to the basement apartment where defendant lived. The basement door had a lock on it, but the lock was broken at that time. Defendant had lived in the basement for over a year. Defendant’s mother never entered the basement without defendant’s permission because it was his exclusive and private living area.

The police searched the basement. They seized a reversible jacket, a pair of black pants, and a set of keys. On the day of his arrest, defendant did not wear those items. Also, the police did not have an arrest or a search warrant. Neither defendant nor his mother gave consent to the police to search his basement apartment.

The State’s evidence was essentially as follows. On the night of October 28, 1986, Chicago police officer Robert McGoon and his partner, Officer Donald Johnson, were on duty. In response to a radio call, Officers McGoon and Johnson went to 24 South Central Avenue, where they saw the two victims. At the scene, Cassandra Burress approached Officer McGoon and told him that she saw a man named Ken shoot Anthony Jones. She described Ken as male, black, in his thirties, approximately six feet tall and 150 pounds, and wearing dark clothes. Burress further stated that Ken lived in the 5500 block of West Adams Street, about IV2 blocks from the scene of the crime.

Officers McGoon and Johnson, with Burress, drove to the 5500 block of West Adams Street. They asked passersby where a man named Ken lived; the officers were directed to the Bliey residence.

Officers McGoon and Johnson knocked on the door that leads to the second-floor apartment. Burress remained in the squad car. Defendant came downstairs and answered the door. Defendant appeared nervous and upset. McGoon asked defendant his name and if defendant lived there. Defendant refused to identify himself. However, he assented to the officers’ request that he walk outside and answer questions. Up to this time, defendant had not been handcuffed. When defendant accompanied the police outside of the residence, he was not handcuffed and was free to leave.

Defendant accompanied the officers to the squad car containing Burress. She identified defendant as the shooter. Burress was emotionally upset immediately prior to her identification; when she saw defendant, she was “kind of frantic and yelling.” It was at that point that the police arrested defendant, handcuffed him, and placed him in another squad car.

Officers McGoon and Johnson returned to the residence and spoke with defendant’s mother. She said that the building was her home. The officers asked defendant’s mother if they could search her home for a weapon. She consented and accompanied the officers through the building and down to the basement. The basement was a wide-open room that contained a couch, chair, dresser, and possibly a bed. The officers did not search the dresser. In the basement, the officers observed a man’s reversible jacket, a pair of black pants, and a set of keys, all resting on a chair. Other than the door to the basement, there were no other doors in the area where the clothes were found. Based on Burress’ description of the shooter’s clothing, the officers seized the clothes and keys, and showed them to Burress. She identified them as the clothes defendant wore during the shooting.

The trial court denied defendant’s motion to quash the arrest and suppress evidence. The trial judge ruled that the police had probable cause to arrest defendant, based on Burress’ description and identification. The trial judge also ruled that defendant’s mother gave a valid consent to the police to search the basement. The judge found that she did, in fact, consent to the search and, further, that she had the authority to do so. The trial judge also found that the search was reasonable.

B

On June 13, 1988, defendant requested a continuance. He also requested another attorney, other than an assistant public defender, or, alternatively, to proceed pro se. Up to that point, defendant had been represented by an assistant public defender.

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Cite This Page — Counsel Stack

Bluebook (online)
597 N.E.2d 830, 232 Ill. App. 3d 606, 173 Ill. Dec. 856, 1992 Ill. App. LEXIS 1229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bliey-illappct-1992.