People v. Brandon

611 N.E.2d 1314, 243 Ill. App. 3d 515, 183 Ill. Dec. 666, 1993 Ill. App. LEXIS 288
CourtAppellate Court of Illinois
DecidedMarch 10, 1993
DocketNo. 1-90-0404
StatusPublished
Cited by3 cases

This text of 611 N.E.2d 1314 (People v. Brandon) 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. Brandon, 611 N.E.2d 1314, 243 Ill. App. 3d 515, 183 Ill. Dec. 666, 1993 Ill. App. LEXIS 288 (Ill. Ct. App. 1993).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Defendant Fabian Brandon was convicted and sentenced to concurrent terms of 54 years for murder, 30 years for attempted murder, 30 years for armed robbery and 15 years for attempted armed robbery committed on three victims in a parked car.

Defendant asserts on appeal that: (1) the trial court improperly limited defense counsel’s cross-examination of a State’s witness, which impaired defendant’s efforts to establish that defendant’s confession was false; (2) the prosecutor made improper comments during rebuttal closing argument that unduly prejudiced the jury; (3) the trial court improperly limited defense counsel’s closing arguments with respect to reasonable inferences to be drawn from the evidence; and (4) the trial court improperly weighed the facts and circumstances of defendant’s case and the statutory criteria when it imposed defendant’s sentence.

We affirm defendant’s convictions.

At approximately 1 a.m. on July 9, 1988, Ramiro Benitez, Armando Delgado and Antonio Mejia sat talking and drinking beer in a parked car outside of the house where the three lived, near the southwest corner of the intersection of Western Avenue and Wabansia Street. Benitez testified that he observed two Latino men and one black man looking at various cars on the street, and later saw one of the Latino men talking to a boy on a bicycle, James Day. The black man, identified in court as defendant, approached the driver’s side of Benitez’s car, and the third man the passenger side.

Defendant leaned into the window at the driver’s side, where Benitez sat, placed a pistol to Benitez’s temple, demanded money and struck Benitez in the head with the barrel of the gun. Defendant received $5 from Benitez, searched his pockets, then struck him twice in the head when no additional money was found. Defendant also tried unsuccessfully to yank off the gold chain that Benitez wore around his neck. Defendant then walked around to the passenger side of the car and Benitez heard two shots and immediately observed defendant and two others run west on Wabansia Street. Delgado was wounded, and Mejia later died of gunshot wounds. Benitez identified defendant from police photograph books.

James Day testified that while riding his bicycle home at approximately 3:50 a.m. on the date of the incident, he stopped to talk to a Latino man whom he knew only as “Learch.” Day testified he had previously been a member of the Maniac Latino Disciples gang and knew Learch from the gang. Learch told Day, “We’re going to make a hit,” which Day understood to mean that Learch and his companions were going to rob someone.

Day observed a car parked in the place where Benitez testified that he had parked and saw defendant approach the car from the rear while a short, stocky Latino man approached the passenger side of the car. Defendant leaned into the driver’s side window and talked to the people in the car. Learch then told Day to “pull up,” which Day knew meant that he was being ordered to leave the area. Day testified that he had seen defendant, a member of the Maniac Latin Disciples, around the neighborhood for about one year, but they were not friends.

As Day moved to leave, he saw defendant run from the driver’s side of the car to the passenger side. While defendant stood at the passenger side of the car, Day heard two shots and saw defendant and the others run away. The next morning, Day also identified defendant from a police photograph book.

Detective Dorsch testified that after defendant was identified, Calvin Brandon, defendant’s brother, was questioned at the police station in an attempt to locate defendant. Later in the day, defendant was arrested, interviewed, informed that he had been identified as the shooter, and advised of his Miranda rights. Assistant State’s Attorney Lynn Kawamoto testified that she also advised defendant of his Miranda rights, then took defendant’s court-reported statement which he reviewed, signing each page after making corrections, and which statement was received in evidence and read to the jury.

In that statement, defendant claimed that at the time of the incident, he was with “Junie,” his girlfriend’s brother, and Edwin, also known as “Learch,” and that they were approached by three men in a car seeking to purchase marijuana. Learch left and obtained a gun, giving it to defendant when he returned so that the three could rob the men. Defendant approached the driver’s side of the car while Junie approached the passenger side and Learch stood on the corner talking to a male on a bicycle. Defendant then held the gun to the driver’s head and received money from the driver. Junie then asked for the gun because the passenger in the front seat refused to give him any money. Although Junie held the gun, the passenger still refused to accede to his demands and the weapon was returned to defendant. Defendant pointed the gun at the passenger in the front seat, the passenger pushed the gun out of his face and the gun discharged, a bullet hitting the passenger in the back seat. Defendant then aimed the gun at the front seat passenger and fired again, striking the front seat passenger. All three of the defendants ran, and defendant gave the gun to Learch. This is the statement upon which defendant now wishes to cast a shadow.

Defendant first argues that the trial court improperly limited defense counsel’s cross-examination of Benitez, a State’s witness, regarding whether Benitez and the two other men asked defendant if they had any marijuana. Defendant contends that his counsel could properly question Benitez about the attempted purchase in order to impeach defendant’s statement as untrue.

The relevant portion of Benitez’s cross-examination as shown in the record:

“[Defense Counsel]: During the time that these men were around your car, did you have any conversation about marijuana?

[Benitez]: No.

[Defense Counsel]: Did any police officers ever ask you if you were there to buy any marijuana?

[Prosecutor]: Objection.

[THE COURT]: Let me have a sidebar on this. What is the objection?

[Prosecutor]: He can’t perfect it, Judge.

[Defense Counsel]: [Defendant] says in his statement they were there to buy marijuana and came to ask them about marijuana.

[THE COURT]: They who?

[Defense Counsel]: These people. So we are going to allege that part of [defendant’s] statement is incorrect. What I am trying to do with this guy is ask him whether or not the policemen asked if marijuana was involved.

[THE COURT]: That wasn’t the question.

[Defense Counsel]: I asked him whether or not marijuana was involved.

[THE COURT]: That’s not the way to do it.

[Defense Counsel]: I will have to call him back.

[THE COURT]: The last question and answer, if there was one, are struck; and the jury is instructed to disregard it.”

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Cite This Page — Counsel Stack

Bluebook (online)
611 N.E.2d 1314, 243 Ill. App. 3d 515, 183 Ill. Dec. 666, 1993 Ill. App. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brandon-illappct-1993.