People v. Burnett

392 N.E.2d 235, 73 Ill. App. 3d 750, 29 Ill. Dec. 678, 1979 Ill. App. LEXIS 2981
Appellate Court of Illinois·Decided June 22, 1979·No. 78-782·Published·Cited by 24 cases

Opinion

Mr. JUSTICE LORENZ

delivered the opinion of the court:

On October 9, 1973, defendant was indicted for unlawful restraint and armed robbery. (Ill. Rev. Stat. 1977, ch. 38, pars. 10—3 and 18—2.) Following a bench trial held on March 22,1978, defendant was convicted of both offenses and was sentenced respectively to concurrent terms of one to three and four to seven years imprisonment. On appeal, he contends that the trial judge, (1) abused his discretion when he denied a defense motion for a continuance, and (2) erred when he failed to disqualify himself from hearing the case.

The following pertinent evidence was adduced at trial.

For the State

Eddie Williams

On October 9,1973, at approximately 1:15 a.m. he was driving in the vicinity of 48th Street and Indiana when his automobile struck a hole in the street. He stopped the car at 47th Street, got out, and began checking the rear tire on the driver’s side. He noticed that a man and a woman were standing on the corner. The man, whom he identified in court as defendant Arthur Burnett, walked over to him, placed a knife at the back of his neck, and announced a “stick up.” He said “Don’t cut me” to Burnett, and handed him a $20 bill. Burnett took it and handed it to the woman, who had joined them. Burnett then forced him into his car. The woman got in on the right passenger side, and Burnett took the wheel. He drove the car to 51st Street and Federal, and parked next to a “project building.” Burnett held him by the arms, and the three of them walked toward the building. Burnett and the woman searched him and took his coin purse containing *2 and wallet, containing about *9. The woman took his things and went into the building. A squad car drove by and he yelled to the police for help. He told the police that he had been robbed, and they took Burnett into custody. They looked for the woman, but were unable to find her. The police then took them to the 51st Street station.

On cross-examination, he stated that Burnett held the knife to the left side of his neck. He admitted telling Investigator Regan that the two people took two wallets containing $23. He denied telling the arresting officers that both people had knives. He denied offering money to a woman to perform a sexual act.

William Rodigan, Chicago Police Officer

On October 9, 1973, he and his partner, Officer Dwyer, were in uniform and patrolling in a “beat car.” At approximately 2.T5 a.m. they observed two men walking toward a building at 5247 South Federal. One of the men, Mr. Williams, called out, “Help, this man just robbed me.” They got out of their police car and detained the men. He searched Burnett and found that he was carrying a knife in his pocket. After spending 20-30 minutes looking for a woman who Williams said was involved in the robbery, they went to 5247 South State and recovered Williams’ car.

On cross-examination, he acknowledged that Williams told him that the offenders took two wallets. He acknowledged that 47th and Indiana is an area of “heavy prostitution.”

It was stipulated by the State and defendant that if Chicago Police Investigator Brian Regan and Chicago Police Officer Dennis Dwyer were called, they would testify that Mr. Williams told them that both of the offenders produced knives, and that two wallets were taken from him.

Opinion

Defendant first contends that the trial court abused its discretion by denying his motion for a continuance. Defendant stated that a continuance was needed to enable him to obtain a transcript of a preliminary hearing which was allegedly held on October 23, 1973. Section 114 — 4(e) of the Code of Criminal Procedure provides that all motions for continuances are addressed to the discretion of the trial court, and are to be considered in light of the movant’s diligence. (Ill. Rev. Stat. 1977, ch. 38, par. 114—4(e).) The exercise of the court’s discretion will not be interfered with except in cases of clear abuse. (People v. Clark (1956), 9 Ill. 2d 46, 137 N.E.2d 54, cert. denied (1957), 352 U.S. 1002, 1 L. Ed. 2d 546, 77 S. Ct. 559.) Whether an abuse of discretion occurred depends upon the particular facts and circumstances of each case. People v. Collins (1977), 54 Ill. App. 3d 873, 370 N.E.2d 276.

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

People v. Burnett, 392 N.E.2d 235, 73 Ill. App. 3d 750, 29 Ill. Dec. 678, 1979 Ill. App. LEXIS 2981 (Ill. Ct. App. 1979).

392 N.E.2d 235 (People v. Burnett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Tennessee v. Raffell Griffin
Tennessee Supreme Court, 2020
People v. Stewart
2018 IL App (3d) 160205 (Appellate Court of Illinois, 2019)
In Re Detention of Hargett
786 N.E.2d 557 (Appellate Court of Illinois, 2003)
People v. Hargett
786 N.E.2d 557 (Appellate Court of Illinois, 2003)
In the Matter of K.E.M., Juvenile
89 S.W.3d 814 (Court of Appeals of Texas, 2002)
In Re KEM
89 S.W.3d 814 (Court of Appeals of Texas, 2002)
People v. Julien
47 P.3d 1194 (Supreme Court of Colorado, 2002)
People v. Storms
617 N.E.2d 1188 (Illinois Supreme Court, 1993)
People v. Storms
588 N.E.2d 486 (Appellate Court of Illinois, 1992)
Turner v. State
573 So. 2d 657 (Mississippi Supreme Court, 1990)
People v. Thomas
556 N.E.2d 1246 (Appellate Court of Illinois, 1990)
People v. Lopez
543 N.E.2d 997 (Appellate Court of Illinois, 1989)
People v. Del Vecchio
544 N.E.2d 312 (Illinois Supreme Court, 1989)
United States ex rel. Link v. Lane
811 F.2d 1166 (Seventh Circuit, 1987)
United States v. Lane
811 F.2d 1166 (Seventh Circuit, 1987)
People v. Austin
451 N.E.2d 593 (Appellate Court of Illinois, 1983)
People v. Lipa
440 N.E.2d 1062 (Appellate Court of Illinois, 1982)
People v. Harris
419 N.E.2d 489 (Appellate Court of Illinois, 1981)
People v. La Fiura
415 N.E.2d 1365 (Appellate Court of Illinois, 1981)