People v. Bolden

569 N.E.2d 597, 210 Ill. App. 3d 940, 155 Ill. Dec. 416, 1991 Ill. App. LEXIS 417
Appellate Court of Illinois·Decided March 21, 1991·No. 2-89-0190·Published·Cited by 14 cases

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Defendant, Daniel N. Bolden III, appeals his convictions of aggravated battery, arguing that they must be vacated because the aggravated batteries are lesser-included offenses of armed violence or, alternatively, that the convictions violate the one-act, one-crime principle. Defendant also appeals the length of his sentence for armed violence, arguing that the trial court improperly considered the factors in aggravation and mitigation and his potential for rehabilitation. We affirm the conviction of armed violence and the sentence therefor, and we vacate the two convictions of aggravated battery and their respective sentences.

In September 1988, defendant was indicted for the offenses of armed violence premised on aggravated battery causing great bodily harm (count I) (Ill. Rev. Stat. 1987, ch. 38, pars. 12 — 4(a), 33A — 2), aggravated battery causing great bodily harm (count II) (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 4(a)), aggravated battery by use of a deadly weapon (count III) (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 4(b)(1)), and attempted murder (Ill. Rev. Stat. 1987, ch. 38, pars. 8 — 4(a), 9— 1(a)(1)). Each and every count recited that the defendant had shot William Terry in the body and leg with a gun on August 20,1988.

On February 1, 1989, a jury found defendant guilty of the first three counts but acquitted him of attempted murder. On February 23, 1989, the trial court denied defendant’s post-trial motion and, after a hearing, sentenced defendant to a term of 17 years’ imprisonment for armed violence, a Class X felony, and five-year concurrent terms for the two offenses of aggravated battery, a Class 3 felony.

The record reveals the following additional facts pertinent to this appeal. William Terry, the victim, testified that, at about 3 a.m. on August 20, 1988, he left work and drove to a gas station where he purchased gas. He later went to make a telephone call at a mini-mart across the street from defendant’s house. He crossed the street to the alley behind defendant’s house where, as he spoke to a man named Pug, Carolyn Calloway, a tenant of defendant’s, came out of the house. Shortly thereafter, defendant came out of the house and asked Terry for a ride to North Chicago. Defendant indicated that he first had to stop at his father’s tavern, which was called Father’s Tavern, and was located down the street from defendant’s house.

Terry stated that he, Carolyn Calloway, and defendant went into the tavern and had drinks during a 10- or 15-minute period. Terry then drove defendant and Calloway to the corner of Kristan and 15th Streets in North Chicago, where Calloway got out of the car and talked to some men on the corner. After a few minutes, Calloway returned. Terry assumed that she had purchased some cocaine. Terry, Calloway, and defendant returned to Father’s Tavern. After defendant unlocked the tavern door, the three went downstairs to the basement, where defendant and Calloway injected cocaine. Terry had a drink. He said that he tried some cocaine by inhaling it.

Terry estimated that they were in the basement for about an hour when he told the others he wanted to leave, but defendant said he wanted another ride somewhere. When they went back upstairs, defendant sat on a chair by the door. The tavern door was locked, and defendant had told Terry the alarm would go off. Terry again asked to leave, but defendant would not let him do so. Terry turned to use the telephone at the bar where he was standing. He heard Calloway scream, and, as he turned around, defendant shot him in the stomach. After he was first shot, Terry attempted escape by breaking a big picture window, but could not break it at first. He ran toward defendant to keep him from shooting. Defendant shot at Terry again, but missed him. They both fell to the floor as they struggled; the gun went off again. Defendant got up and hit Terry in the face. Defendant shot at Terry again as he lay on the floor. Terry got up and again ran to the window to hit it with a barstool, and, at that point, defendant shot him in the leg. Terry knocked out the window, and defendant shot one more time. Defendant took the clip out of the gun. Terry got out through the window and crawled across the street to his car, but he did not have his keys. He stayed on the ground until the police arrived and took him to a hospital.

Dr. Yusooff Allian testified that he treated Terry’s injuries surgically. Terry had five bullet holes in the small bowel, the number of holes created by the bullet as it penetrated the coiled small bowel. The doctor characterized these wounds as life threatening. The bullet in the leg was removed several days later by another physician.

Carolyn Calloway testified that she was a tenant living with her two children in the second-floor apartment of defendant’s house on Tenth Street. She had known defendant for about four years. She spent August 19, the day before the shooting, getting “high” on cocaine with defendant. Defendant drove her over to Kristan and 15th Streets that day; he gave her $50 to buy cocaine. They took drugs, talked, and drank. They went out again twice that day to get more drugs and repeated the pattern of activity.

In the early morning hours of August 20, Calloway saw Terry parked in the alley behind her house. She said he wanted some cocaine. Defendant came out of his house, and they all went to Father’s Tavern for a drink. Defendant went to get some money, and the three went to 15th Street, where Calloway purchased some cocaine with defendant’s money. They went back into the tavern. Defendant locked the door, and they got drinks and went downstairs. Calloway and Terry smoked some cocaine. Defendant got “high,” but Calloway was not sure if defendant smoked the pipe.

Calloway further testified that, after a while, they came back upstairs to get something to drink. They were going to make another “run” for drugs, and Terry wanted to use the telephone at the bar to obtain more cocaine. Defendant was sitting at the table near the door of the tavern. Calloway was drinking and listening to music. She heard a shot. As she turned around, she saw Terry on the floor. She screamed and ran to the kitchen to hide. She heard defendant call the police.

Defendant testified that he was 43 years old and lived at 1109 Tenth Street in North Chicago. He claimed to be the landlord. He spent August 19 operating Father’s Tavern, which was located down the street from his home. He closed the tavern at 9 p.m. and went home, where he ate, prepared his clothing, watched television, and then retired. After retiring, he became aware of some people coming and going from the apartment house. At about 5 a.m. on August 20, Calloway knocked on his door and asked him for $5. He went outside and observed Calloway talking to a person he called “Step” (meaning Terry). Terry wanted to share in the purchase of a bag of cocaine. Defendant said he was not interested but invited them to have a drink. Defendant went back into the house and put his weapon in his back pocket. He said he walked over to the tavern, where he found Calloway and Terry were parked. Defendant unlocked the door, let them in and locked it again. They had a drink. Calloway suggested that they buy more cocaine, but defendant stated that he was not interested. Defendant agreed to go along with them to 15th Street, where Calloway purchased cocaine.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Bolden, 569 N.E.2d 597, 210 Ill. App. 3d 940, 155 Ill. Dec. 416, 1991 Ill. App. LEXIS 417 (Ill. Ct. App. 1991).

569 N.E.2d 597 (People v. Bolden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Turner
Appellate Court of Illinois, 2026
People v. Reed
2018 IL App (1st) 160609 (Appellate Court of Illinois, 2018)
People v. Rozo
Appellate Court of Illinois, 1999
People v. Gross
637 N.E.2d 789 (Appellate Court of Illinois, 1994)
People v. Robinson
619 N.E.2d 1359 (Appellate Court of Illinois, 1993)
People v. Young
619 N.E.2d 851 (Appellate Court of Illinois, 1993)
People v. Hess
609 N.E.2d 371 (Appellate Court of Illinois, 1993)
People v. Smith
608 N.E.2d 1259 (Appellate Court of Illinois, 1993)
People v. Luna
600 N.E.2d 1212 (Appellate Court of Illinois, 1992)
People v. Spencer
595 N.E.2d 219 (Appellate Court of Illinois, 1992)
People v. D'Arezzo
593 N.E.2d 1076 (Appellate Court of Illinois, 1992)
People v. Fort
592 N.E.2d 1205 (Appellate Court of Illinois, 1992)
People v. Turcios
593 N.E.2d 907 (Appellate Court of Illinois, 1992)