People v. Carr

587 N.E.2d 543, 225 Ill. App. 3d 170, 167 Ill. Dec. 274, 1992 Ill. App. LEXIS 110
CourtAppellate Court of Illinois
DecidedJanuary 29, 1992
Docket1-89-1192
StatusPublished
Cited by8 cases

This text of 587 N.E.2d 543 (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, 587 N.E.2d 543, 225 Ill. App. 3d 170, 167 Ill. Dec. 274, 1992 Ill. App. LEXIS 110 (Ill. Ct. App. 1992).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Defendant Bobbie Carr was convicted of forgery (Ill. Rev. Stat. 1985, ch. 38, par. 17—3) in a jury trial and sentenced to 10 years’ imprisonment. On appeal, defendant contends that (1) the case should be remanded for an evidentiary hearing because the trial court denied her the opportunity to present a prima facie showing of purposeful discrimination by the prosecutor in jury selection pursuant to Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712; (2) the prosecutor improperly exercised peremptory challenges against venirepersons solely on the basis of race in violation of the equal protection clause of the fourteenth amendment; (3) the trial court improperly allowed the jury to hear testimony and references regarding her involvement in other unrelated crimes; and (4) the State failed to prove beyond a reasonable doubt that defendant had the requisite intent to defraud and guilty knowledge necessary to sustain a conviction for forgery. We affirm.

At approximately 1 p.m. on September 10, 1987, defendant entered the Midlothian State Bank located at 14300 Cicero Avenue, Crestwood, Illinois. Defendant identified herself as Dawn Kane and presented an endorsed check in the amount of $900 made payable to Dawn Kane drawn on the fictitious account of Oneltrium Building Company from the drawee bank Amalgamated Trust and Savings Bank (Amalgamated). The teller, Diane Udoni, was acquainted with a bank customer named Dawn Kane and immediately became suspicious. Udoni asked defendant for identification, and defendant presented a fabricated photo employment identification card which contained the name Dawn Kane, but was embossed with defendant’s picture. Udoni checked to see if the bank had another customer named Dawn Kane. No other such account existed. Udoni informed her immediate supervisor, Laura McElligott, that she did not believe that defendant was Dawn Kane. McElligott contacted Amalgamated to see if the check drawn on the account was legitimate. Amalgamated informed her that the account had been closed in May 1976. Udoni turned on a hidden camera installed at the teller’s window, which took as many as 15 photographs of defendant. Two of the photos of defendant were introduced into evidence.

Perceiving that there were problems with cashing the check, defendant walked away from the teller’s window and exited the bank, leaving the check and the photo identification card at the teller's window. Both Udoni and McElligott followed defendant out of the building. Defendant began to run. Both employees gave chase, but were unable to catch defendant.

Udoni and McElligott identified defendant from an array of photographs assembled by local police, the Illinois State Police, the United States postal service and the FBI, and an arrest warrant was issued for her arrest. Udoni and McElligott subsequently identified defendant in a lineup as the person who presented the forged check to the Midlothian State Bank. A jury convicted defendant of forgery (Ill. Rev. Stat. 1985, ch. 38, par. 17—3), and the trial court sentenced defendant to 10 years’ imprisonment. This appeal followed.

Defendant first argues that the case should be remanded for an evidentiary hearing because the trial court denied her the opportunity to present a prima facie showing of purposeful discrimination by the prosecutor in jury selection pursuant to Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712. Defendant argues that because the trial court was mistaken about the requirements of Batson, the record is insufficient for this court to evaluate the Batson issue. In the present case, the record demonstrates that defendant was allowed to make a complete submission to the trial court to establish a prima facie showing of purposeful discrimination. We, therefore, conclude that the record is sufficient to evaluate whether defendant made a prima facie showing of purposeful discrimination.

Defendant next argues that the prosecutor improperly exercised peremptory challenges against venirepersons solely on the basis of race in violation of the equal protection clause of the fourteenth amendment. We disagree.

In order to prevail on a claim of unconstitutional discrimination in the exercise of peremptory challenges, a defendant must establish a prima facie showing of purposeful discrimination. (Batson v. Kentucky (1986), 476 U.S. at 96, 90 L. Ed. 2d at 87, 106 S. Ct. at 1723; People v. Jackson (1991), 145 Ill. 2d 43, 99, 582 N.E.2d 125, 151.) Once a defendant makes a prima facie showing of discrimination, the burden shifts to the State to come forward with a clear and reasonably specific explanation of its legitimate reasons for exercising the challenges on black jurors related to the particular case to be tried. Batson, 476 U.S. at 98, 90 L. Ed. 2d at 88, 106 S. Ct. at 1724; People v. Harris (1989), 129 Ill. 2d 123, 174, 544 N.E.2d 357, 379.

A prima facie showing of purposeful discrimination is established if the defendant can prove by a preponderance of the evidence that (1) the prosecutor exercised peremptory challenges to remove venirepersons of a cognizable racial group; and (2) the facts and any other “relevant circumstances” raise an inference that the prosecutor peremptorily challenged venirepersons on account of their race. (People v. Edwards (1991), 144 Ill. 2d 108, 151-53, 579 N.E.2d 336, 353-54 (applying the standards set forth in Batson and recently modified in Powers v. Ohio (1991), 499 U.S. 400, 113 L. Ed. 2d 411, Ill S. Ct. 1364 (which held that a defendant and the excluded juror are no longer required to be members of the same cognizable racial group in order to establish a prima facie showing of purposeful discrimination)).) Examples of “relevant circumstances” include (1) a pattern of strikes against black veniremembers; (2) a disproportionate use of strikes against such members; (3) whether the excluded jurors were a heterogeneous group sharing race as their only common characteristic; (4) the level of black representation in the venire as compared to the jury; (5) the prosecutorial questions and statements during voir dire and while exercising challenges; and (6) the races of defendant and victim or of defendant and witnesses. People v. Garrett (1990), 139 Ill. 2d 189. 203. 564 N.E.2d 784. 791.

None of these recognized relevant circumstances are evident in the record before us to raise even an inference that the prosecutor peremptorily challenged veniremembers on account of their race. The record does not indicate that the prosecutor exercised a disproportionate number of peremptory challenges to exclude blacks from the petit jury or that there was a pattern of strikes against black venirepersons. The State exercised four peremptory challenges in the present case, two of which were exercised against black veniremembers.

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

Related

People v. Mikhail
2021 IL App (1st) 190254-U (Appellate Court of Illinois, 2021)
People v. Dixon
2020 IL App (1st) 182565-U (Appellate Court of Illinois, 2020)
People v. Johnson
2018 IL App (1st) 150209 (Appellate Court of Illinois, 2018)
People v. Hunter
Appellate Court of Illinois, 2002
People v. Thornton
628 N.E.2d 1063 (Appellate Court of Illinois, 1993)
People v. Taylor
612 N.E.2d 943 (Appellate Court of Illinois, 1993)
People v. Peeples
616 N.E.2d 294 (Illinois Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
587 N.E.2d 543, 225 Ill. App. 3d 170, 167 Ill. Dec. 274, 1992 Ill. App. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carr-illappct-1992.