People v. Bob

343 N.E.2d 652, 36 Ill. App. 3d 211, 1976 Ill. App. LEXIS 2010
CourtAppellate Court of Illinois
DecidedFebruary 13, 1976
DocketNo. 61189
StatusPublished
Cited by2 cases

This text of 343 N.E.2d 652 (People v. Bob) 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. Bob, 343 N.E.2d 652, 36 Ill. App. 3d 211, 1976 Ill. App. LEXIS 2010 (Ill. Ct. App. 1976).

Opinion

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

After a bench trial, defendants were convicted of armed robbery and sentenced to 4 to 12 years’ imprisonment. On appeal, they contend that: (1) their counsel’s motion for a continuance should have been granted despite their demand for an immediate trial, (2) a shotgun allegedly used in the robbery was erroneously admitted into evidence, and (3) they were not proved guilty beyond a reasonable doubt.

Defendants were arrested for the armed robbery of a Shop-Rite grocery store at 1981 West 111th Street on June 14, 1973. The record shews that they agreed to a continuance on July 31, 1973. On November 20, 1973, when their case came on for trial, their counsel indicated that, although defendants demanded an immediate trial, he desired to file a motion to suppress their identifications and certain physical evidence, a motion to quash their arrests, and a motion for discharge under the Four Term Act. Thereupon, the trial judge repeated the motions to defendants and advised them that, while they controlled their own defense, it was generally more prudent to heed their counsel’s advice. After these admonitions, all three defendants stated that they wished to proceed to trial immediately. Thereupon, the trial judge denied defense counsel’s motions. Defense counsel then requested a continuance which the trial judge denied after again verifying from defendants that they desired to proceed to trial.

The following pertinent evidence was adduced at trial.

For the State.

Kenneth Lamparter

He is part owner of the Shop-Rite grocery store at 1981 West 111th Street. On June 14, 1973, at approximately 11:45 a.m. he saw the defendants enter and walk through the store and then leave without purchasing any groceries. One of the defendants was wearing a long black coat. At noon, Margaret Curtis, a cashier, began work with a bank of four five-dollar bills and 25 one-dollar bills, plus some loose change. Shortly thereafter, the defendants re-entered the store. Mack Jones pointed a shotgun at him and said, “step back or I’ll blow your head out.” Woody Williams took the cashier to the rear of the store. Michael Bob stepped behind the cash register and withdrew the money therein. The defendants then left the store and headed towards the east. At 2 p.m. he identified the defendants in a lineup at the police station. He identified a shotgun as the same weapon used in the robbery by Mack Jones.

On cross-examination, he admitted that none of the three robbers had a mustache or a beard. He recalled describing the three robbers to the police.

Dennis Hughes

He is a Chicago policeman with six years’ service. On June 14, 1973, at approximately noon, he responded to a radio call regarding an armed robbery. While enroute, he observed two parked buses in a loading zone at Vincennes and Chelsea Place (11050 South) approximately five blocks east of the grocery store. Defendants were standing at the rear of the second bus. He exited his vehicle and apprehended the defendants at the first bus. He recovered the hand grip of a shotgun from Mack Jones’s waistband. Tire stock and the barrel of the shotgun were under the second bus. He also recovered $49 from Michael Bob in denominations of four five-dollar bills and 29 one-dollar bills.

On cross-examination, he admitted that his original police report did not indicate that he had recovered the hand grip from Mack Jones.

When recalled he testified that the shotgun he recovered bore serial number 697976. His original police report included that same number although at one point in a duplicate copy he erroneously hand copied the number as 69791.

For Defendants.

Donald Long

He is an investigator for the Chicago Police Department. He assisted in the arrest of the defendants. He did not observe Officer Hughes conduct the search of Mack Jones. He recalled that Hughes said that Hughes recovered a full-length shotgun from under Jones’s coat.

Michael Bob on his own behalf

On June 14, 1973, he was with Mack Jones and Woody Williams at the apartment of Miss Goldie Moore near 53rd and State Street. They left for Morgan Park High School between 9 a.m. and 10 a.m. and arrived at 110th and Vincennes at approximately noon. As he was leaving the bus the police apprehended him. The police took $3.17 and a watch from his person. He denied robbing Kenneth Lamparter or having $49 on his person when apprehended.

Woody Williams on his own behalf

He denied robbing Kenneth Lamparter. When arrested with his co-defendants he had $8.45 on his person. On June 14, 1973, he had a mustache.

On cross-examination, he admitted that he calls even a small amount of hair over his lip a mustache. Mack Jones did not throw a portion of the shotgun under the bus.

Mack Jones on his own behalf

The grocery store is approximately four blocks north of his new home. He did not have a shotgun with him on June 14, 1973, nor did he rob Kenneth Lamparter. The police took nine dollars and some change from his person. He had a mustache on June 14, 1973.

On cross-examination, he admitted wearing a long black coat that day.

On redirect, he stated that he could not hold a shotgun because he had been double-jointed since birth as a result of which he could not turn his palms in toward his body. However, on re-cross-examination, he admitted that he was able to hold the court microphone in his hand. His mustache was in the same condition as it had been at the time of his arrest.

It wás also stipulated that if Brenda Anderson, Mack Jones’s sister,’ was called she would testify that the condition of Jones’s hands was substantially as he had so testified.

Opinion

Defendants first contend that their counsel’s motion for a continuance should have been granted despite their demand for an immediate trial. The trial judge took great care to explain defense counsel’s proposed motions and to insure that all three defendants understood the wisdom of following their counsel’s advice. Nonetheless, defendants unequivocally demanded an immediate trial. The record further indicates that defendants’ counsel was prepared for trial and that defendants were not denied the effective representation of counsel once they proceeded to trial. It is well settled in Illinois that a trial court may refuse to grant a continuance when the defendant demands an immediate trial. (People v. Lewis, 60 Ill. 2d 152, 330 N.E.2d 857; People v. Williams, 59 Ill. 2d 402, 320 N.E.2d 849.) On the basis of the record before us, we believe that the trial court correctly denied defense counsel’s motion and, therefore, reject defendants’ initial contention.

Defendants next contend that the shotgun allegedly used in the robbery was erroneously admitted into evidence. They argue that the State failed to establish a chain of custody of the weapon from the date of its recovery until the day of trial.

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Related

People v. Winters
422 N.E.2d 972 (Appellate Court of Illinois, 1981)
People v. Powell
410 N.E.2d 391 (Appellate Court of Illinois, 1980)

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Bluebook (online)
343 N.E.2d 652, 36 Ill. App. 3d 211, 1976 Ill. App. LEXIS 2010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bob-illappct-1976.