People v. Connor

532 N.E.2d 520, 177 Ill. App. 3d 532, 126 Ill. Dec. 835, 1988 Ill. App. LEXIS 1766
Appellate Court of Illinois·Decided December 21, 1988·No. 85-20·Published·Cited by 7 cases

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Defendant Dino Connor was charged with armed robbery, armed violence and unlawful restraint. A jury found him guilty of armed robbery, and the trial court sentenced defendant to a term of 17 years. Defendant appeals, contending that he was denied a fair trial as the result of the trial judge’s hostility toward defense counsel, the introduction of other crimes evidence, and the ineffective assistance of counsel. He also contends that the sentences of defendant and a codefendant were disproportionate. (Daniel Clay; who is not involved in this appeal, was found guilty of the same offense and was sentenced to a term of six years.) ■

On October 31, 1982, at about 9:20 p.m., 76-year-old Elmar Runguls was walking near his home when two men accosted him and demanded his money. One man stood in front of Runguls, holding a gun to his head. The other man, later identified as defendant, stood at Runguls’ side and went through his pockets. The men took Runguls’ wallet, which contained $10 and identification, and ran away.

Runguls returned home and telephoned the police with a description, which was broadcast on the police radio. About 20 minutes later, Runguls identified defendant and Clay in a squad car at his home, and later identified them in a lineup. Runguls testified that the gun recovered from defendant looked like the one used in the robbery.

Officer Michael Keas testified that at about 9:55 p.m. he and his partner saw Clay running, with his arm raised, toward two women in a car stopped at a red light. Clay saw the officers, dropped his arm, and began running the other way. Defendant was standing near a building, and defendant started moving in the same direction as Clay, but they did not speak to each other. Both men were stopped by the officers. Keas found a loaded gun in defendant’s waistband. The officers brought the two men to Runguls’ home, and Runguls identified them.

It was stipulated that defendant was admitted to bond on November 6, 1982, failed to appear in court on December 6, 1982, and had a bond forfeiture warrant issued for his arrest.

Tondaleo Clinton, defendant’s mother, offered alibi testimony for defendant. She stated that defendant was at home with her on October 31 from 8 p.m. until about 10 p.m.

During a sidebar, defense counsel asked to use John Johnson, who was listed as a character witness, as an alibi witness. On the day of trial, counsel had learned that defendant was with Johnson while he repaired a thermostat in defendant’s home. The court denied the request and limited Johnson’s testimony to character evidence. Johnson, defendant’s landlord, testified that defendant was a peaceful, law-abiding person. Gamita Woolfolk testified similarly.

Defendant testified that he was at his mother’s home until 9:40 or 9:45 p.m., when he left for his grandmother’s home. After leaving, he saw a friend, Marshon Stewart, who offered to sell defendant a gun. Defendant took the gun and agreed to pay Stewart the $40 later. While standing at a bus stop several blocks from his home, defendant and Clay were detained by several police officers. Defendant knew Clay from high school, but they had not spoken to each other near the bus stop.

In August 1982, defendant had been accepted by the Marine Corps. Defendant’s full name is Dino E. Clinton Connor. Because he had previously enlisted under the name of Dino Clinton in August 1982, he used the name Connor when he was arrested in October 1982, “to avoid any mix-ups with this here and the government.” When he bought the gun from Stewart on October 31, defendant knew he would be leaving for boot camp in about a week. Defendant had stated in his August 1982 application that he had never been arrested, charged, detained in prison or involved in a court action. He had not taken the final oath when he was charged with these crimes on November 1, 1982. On November 8, 1982, defendant reexecuted the end of the 41-page Marine Corps application as part of his taking the oath required to enter active service. The re-signing included some language indicating it was a reaffirmation of the original application answers.

Defendant was in jail until November 6, 1982, when he was released on bond. Defendant informed someone at the Marine Corps local office of his arrest and was told “Don’t worry about it.” He assumed the government would “take care of it.” Defendant immediately left Illinois for boot camp in San Diego. He testified that he did not appear in court in December because he was in California. After serving in Lebanon, defendant returned to Chicago in November 1983, when he was rearrested for the Runguls robbery.

Anna Cotto testified in rebuttal for the State that between 8:45 p.m. and 9 p.m. on October 31, 1982, she heard a man choking in the gangway outside her window. She opened the window and saw two men robbing her 65-year-old landlord, Edward Hoeltz. One man, whom she later identified as defendant, choked Hoeltz with a necktie while a second man went through his pockets. The man she identified as defendant looked about 17 or 18 years old and wore a maroon jacket and blue jeans. She yelled for them to stop, and defendant looked up at her for about five seconds, standing in the light of the gangway. Cotto did not give the police a description of the men. Several hours later, Cotto identified defendant in a lineup. She could not identify the second man. Cotto testified that she knew Johnnie Flowers and believed he lived in the building next to her apartment, and that defendant lived in the same building.

Flowers testified for defendant in surrebuttal that Flowers and “Smokey” robbed Hoeltz. A woman in a second-floor window yelled down to stop. Flowers was in a lineup on November 29, 1982, but Hoeltz did not identify him.

In November 1983, Flowers entered into a plea agreement and was convicted of six or seven robberies. He was not sure whether the Hoeltz case had been dismissed as part of the plea agreement. Flowers had seen defendant in the neighborhood, but did not know his name.

The defense rested.

The following morning, defense counsel informed the court that when he drove Flowers home the previous day, counsel discovered Smokey’s full name was Kenneth Shenaurlt. Counsel asked to reopen proofs to call Shenaurlt. He made an offer of proof that if Shenaurlt were allowed to testify, he would state that he committed and pled guilty to the Hoeltz robbery. The trial court questioned Shenaurlt outside the presence of the jury. The court and a public defender explained to Shenaurlt that if he had not previously been charged with the crime, he could now be charged. Shenaurlt insisted, “But I was charged.”

Shenaurlt told the court that he and Flowers robbed Hoeltz. Shenaurlt said that he pled guilty to the Hoeltz robbery and that he was in fact guilty of the offense.

Shenaurlt did not remember if Hoeltz identified him in a lineup, but he stated that Hoeltz was at the preliminary hearing. Shenaurlt pled guilty to four robberies and received a sentence of four years in prison. He had been released one month before testifying. Defense counsel had contacted him the previous day. Hoeltz did not know Flowers’ real name.

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People v. Connor, 532 N.E.2d 520, 177 Ill. App. 3d 532, 126 Ill. Dec. 835, 1988 Ill. App. LEXIS 1766 (Ill. Ct. App. 1988).

532 N.E.2d 520 (People v. Connor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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