People v. Carr

501 N.E.2d 241, 149 Ill. App. 3d 918, 103 Ill. Dec. 220, 1986 Ill. App. LEXIS 3127
CourtAppellate Court of Illinois
DecidedNovember 17, 1986
Docket85-0748
StatusPublished
Cited by14 cases

This text of 501 N.E.2d 241 (People v. Carr) 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. Carr, 501 N.E.2d 241, 149 Ill. App. 3d 918, 103 Ill. Dec. 220, 1986 Ill. App. LEXIS 3127 (Ill. Ct. App. 1986).

Opinion

PRESIDING JUSTICE QUINLAN

delivered the opinion of the court:

Defendant, Kevin Carr, was charged by information with the offenses of armed robbery and armed violence in violation of sections 18—2(a) and 33A—2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, pars. 18—2(a), 33A—2). During the trial, the court granted the State’s motion to nol-pros the armed-violence charge. The jury found the defendant guilty of armed robbery. The defendant’s motion for a new trial was subsequently denied, and the trial court sentenced the defendant to eight years’ imprisonment.

Defendant appeals and contends: (1) the State failed to prove him guilty beyond a reasonable doubt; (2) the trial court deprived him of his right to present a defense when it prevented him from introducing exculpatory statements of a State witness; (3) the prosecutor’s personal attacks on defense counsel during the State’s rebuttal argument deprived him of a fair trial; (4) the trial court erroneously instructed the jury on the issue of accountability; and (5) the trial court imposed an excessive sentence.

We affirm.

The victim, Gilda Cunningham, testified for the State at the defendant’s trial. She testified that on March 13, 1984, at approximately 7:30 p.m., she was driving east on 42nd Street in Chicago with her two children on her way to choir rehearsal at the Mount Carmel Mission Baptist Church, located at 740 East 42nd Street. As she neared the church, Cunningham spotted two men, whom she said were approximately 15 feet away as she passed them in her car. She stated that she parked her car on the street, and, as she began to help her children out of the car, the two men approached and one walked behind her and grabbed her shoulders. The victim stated that the other man stood in front of her, held a gun close to her face, and asked her for her money.

Cunningham stated that, while it was dark at the time, there was sufficient light to see. She stated she was near a street light and that there were lights on both sides of the street, including the church lights. She also said that the man with the gun stood only about 1 foot away from her. In her testimony, Cunningham described the man with the gun in the following manner: he wore a beige jacket, had a scar on his forehead, was approximately 5 feet 8 inches tall, weighed approximately 160 pounds, and had a medium complexion. She identified the defendant in court as that man. She described the defendant’s accomplice as wearing a dark jacket, approximately 5 feet 5 inches tall, weighing approximately 140 pounds, and having a light complexion.

Cunningham further testified that when the defendant asked for her money, she gave him her purse, which, she stated, contained at that time identification cards, credit cards, and approximately $25. Cunningham said she asked the defendant if she could keep her identification cards, but the defendant told her to shut up and to walk toward the church as if nothing had happened. She stated that the defendant and the other man then ran south. Cunningham 'said the robbery lasted a few minutes.

Gilda Cunningham then walked into the church and told her aunt and the pastor’s wife about the robbery, and the pastor’s wife called the police. Two uniformed police officers arrived in about 15 minutes and took the victim’s statement. The police then drove the victim and another choir member, Alice Stapleton, who had seen the robbers fleeing from the scene, through the neighborhood in search of the robbers. They entered a tavern, the Regency Lounge, located around the corner from the church, and, according to Cunningham, she spotted the defendant playing a video game in the front of the lounge and identified him as the robber. The police then arrested the defendant, who was wearing a beige jacket.

On cross-examination Cunningham admitted that, when she first saw the two men on 42nd Street who she said robbed her, they had their backs to her. She also did not remember telling the police officers that the man wearing the beige jacket stood behind her, and, additionally, she denied telling the police that the man wearing the dark jacket held the gun and took her purse.

The State also presented the testimony of Sheila Marshall. Marshall testified that she was coming out of a friend’s house located at 722 East 42nd Street when two men walked by. She walked behind the men, who then crossed the street and approached the victim, who at that time was getting out of her car. When Marshall was asked what she saw those men do, Marshall answered, “They were sticking her up I guess.” However, she admitted that she did not see a gun and was not aware that the victim was being robbed at the time. Marshall, herself, walked past the victim after the two men had left and merely said “Hi” to Cunningham as she passed. She identified the defendant in court as one of the men she saw with the victim.

Marshall said that she went to the Regency Lounge for a few minutes after walking past the victim. She testified that she then went to the church where she learned that two men had robbed Cunningham. By that time, the police had the defendant in custody, and Marshall testified that she walked up to the squad car, saw the defendant in custody, and stated that he was the one whom she saw rob Cunningham. Marshall admitted on cross-examination that, at the scene, she did say that that was the jacket the robber had on, but she claimed she also had stated that the defendant was one of the men.

Marshall also testified that she spoke to the defendant at a carnival in June 1984. She testified that the defendant asked her for her address, but she refused to give it to him. Nevertheless, Marshall said the defendant later made an uninvited appearance at her home on December 15, 1984, and asked Marshall to go to court with him. Marshall told the defendant that she could not go, and, instead, Marshall gave him a note wherein she stated that the defendant was not one of the men who robbed Cunningham. However, Marshall said that, even though her mother and brother were home at the time, she was afraid of the defendant and wanted him out of her house and she gave him the note only to get rid of him. She admitted on cross-examination that she never mentioned the visit to the State’s Attorney. Furthermore, Marshall admitted that she attended the defendant’s preliminary hearing but denied talking to anyone there.

Alice Stapleton also testified for the State. She testified that, at the time in question, she was walking to the church for choir rehearsal and saw two men running. She saw the two men for only a second and from a distance of approximately 75 to 80 feet. In court, however, Stapleton was able to describe the clothing of those men, stating that one wore a beige cloth jacket, dark pants, and white gym shoes; the other wore a dark leather jacket, dark pants, and white gym shoes. Stapleton was also present in the tavern when the victim identified the defendant. She stated that the defendant was wearing a black cap in the tavern and that he was leaning over a video game, as if hiding, but not playing the game when they entered. According to Stapleton, the victim asked if the defendant looked like the guy, and she testified that she responded that the defendant did have on the same clothing and gym shoes. Stapleton stated that the victim then said, “ ‘Yes, that is him because I notice his face.’ ”

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Bluebook (online)
501 N.E.2d 241, 149 Ill. App. 3d 918, 103 Ill. Dec. 220, 1986 Ill. App. LEXIS 3127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carr-illappct-1986.