People v. Carlson

586 N.E.2d 1368, 224 Ill. App. 3d 1034, 167 Ill. Dec. 96, 1992 Ill. App. LEXIS 188
CourtAppellate Court of Illinois
DecidedFebruary 10, 1992
Docket2-90-0662
StatusPublished
Cited by23 cases

This text of 586 N.E.2d 1368 (People v. Carlson) 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. Carlson, 586 N.E.2d 1368, 224 Ill. App. 3d 1034, 167 Ill. Dec. 96, 1992 Ill. App. LEXIS 188 (Ill. Ct. App. 1992).

Opinion

JUSTICE GEIGER

delivered the opinion of the court:

The defendant, Christopher A. Carlson, was found guilty of armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18—2(a)) after a jury trial and was sentenced to eight years’ imprisonment. The defendant appeals his conviction, arguing (1) that the trial court erred in denying his motion to suppress statements given to the police after he requested an attorney; (2) that the court erred in denying a motion for a new trial based on the State’s failure to comply with discovery; (3) that the court erred when it failed to give jury instructions tendered by the defense; (4) that the court erred in sentencing him to more than the minimum sentence; and (5) that he was not found guilty beyond a reasonable doubt.

On May 15, 1989, the defendant was working at Wag’s Restaurant. That evening, an individual entered Wag’s through the front door wearing a hat, a black cloth over his face, and carrying a gun and a knife. The individual took the manager, the waitresses and the defendant to the manager’s office. While holding a knife at the throat of a waitress, the robber told the manager to open the safe. The robber gave a pillow case to the defendant, and the defendant filled the case with the money removed from the safe. The robber then made the employees enter a utility room and told them to remain there until he left the restaurant.

Outside the front door, the police found a black hat, a bicycle, a piece of black cloth, a knife and a $5 bill. A canine unit followed a scent to a nearby apartment complex, the Walnut Manor apartments. On May 16, the police had already identified Kerry Everett as a suspect in the robbery. Two police detectives, Klinkhamer and Jannusch, went to the defendant’s home at the Walnut Manor apartments, to question him concerning the robbery and to determine if the defendant could identify Kerry Everett as the robber. At the defendant’s apartment, they noticed a number of persons asleep on the floor. At the detectives’ request, the defendant went to the police department to answer questions about the robbery.

During the police interview, the defendant told the detectives that Everett was an acquaintance of his and that Everett had been in his apartment on prior occasions. The defendant identified the bike found outside the restaurant as belonging to Kenneth Rogers, a friend of his who sometimes slept at his apartment. The defendant stated that the bike had recently been moved to Everett’s apartment. Later that day the police received a phone call stating that Everett was at the defendant’s apartment, and the police arrested Everett there.

On May 17, the defendant returned to the police department to identify items that the police had recovered from Everett’s apartment. The defendant identified a replica gun, shoes, and coin trays as being connected with the armed robbery at Wag’s. The detectives informed the defendant that they wished to question him again. He was read his Miranda rights, and the defendant signed a waiver to that effect. The defendant asked if he was under arrest and was told that he was not, but that he had been implicated as a suspect in the robbery.

The defendant admitted that he and Everett had conversations about the possibility of robbing Wag’s, the amount of money kept there, and the best night to rob the restaurant. The defendant stated that these discussions only represented fantasies. Thereafter, he stated that he did not wish to talk further to the detectives. On May 26, 1989, the defendant was arrested for his involvement in the Wag’s robbery. At the police station, the defendant was again advised of his rights. The defendant requested to speak to an attorney and was handed the telephone and told he could make one phone call. The defendant attempted to reach his attorney, but received no answer on the phone. According to the detectives, Detective Jannusch asked the defendant, “What do you want to do now?” The defendant stated that there was no one else he wanted to call, and he asked what his “options” were. According to Detective Jannusch, he answered the defendant by saying that the defendant could cooperate and speak with them or he could go to the booking area and complete the booking process. At his suppression hearing, the defendant stated that the detectives told him that either he could cooperate with them or they could charge him with five or six additional counts on conspiracy and that he could get an additional 30 years added to his prison sentence.

After this exchange, the defendant agreed to discuss his involvement in the robbery. He was again advised of his Miranda rights; he acknowledged that he understood them, and he again signed a written waiver. The detectives then questioned the defendant, writing out their questions and the answers given by the defendant. This handwritten material was then typed; the defendant read it and signed the typed statement.

In the typed statement, the defendant admitted to having between 5 and 10 conversations with Everett concerning plans to rob Wag’s. These conversations included details about the best days, hours and managers to rob. He stated that three distinct plans were discussed. The defendant related that in one of the plans he was to leave the rear door of the restaurant open, allowing Everett to enter the rear of the restaurant. On May 7 or 8, he opened the door, per the robbery plan, but quickly closed it to prevent the robbery because he did not like that plan. The defendant also stated that on May 14, prior to going to work, he had been at Everett’s apartment and Everett told him that the robbery would take place that night. The defendant said that the robbery went according to plan, with the only difference being that Everett unexpectedly used a knife whereas their plan called for the use of a replica gun. The defendant also admitted that he was to receive half of the stolen money.

At trial, several individuals who often lived at the defendant’s apartment testified. Kenneth Rogers testified that he heard the defendant talk about the amount of money in the safe at Wag’s. He also stated that he had seen the replica gun and the bike used in the robbery.

Randy Smith, who had also lived with the defendant at one time, testified that he remembered conversations between the defendant and Everett concerning plans to rob Wag’s. He stated that the defendant suggested the best times to commit the robbery and explained when the Brinks’ truck would be at the restaurant to pick up the money.

Robert Roberts also had lived with the defendant at different times. He testified that the defendant gave advice as to the best time and the best manager to rob, agreed to open the back door to permit the robber to enter, and advised that he should be taken hostage and that he should empty the safe. Roberts also testified that the defendant devised a plan to rob a Brinks’ employee picking up money from Wag’s. According to Roberts, this plan was attempted but abandoned one week before the actual robbery of Wag’s, and that he was present during that attempt. Additionally, he testified that he had seen the replica gun in the defendant’s apartment.

The defendant moved to suppress the statement he made to the police after he asked to make a phone call to his attorney.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 1368, 224 Ill. App. 3d 1034, 167 Ill. Dec. 96, 1992 Ill. App. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carlson-illappct-1992.