People v. Davis

675 N.E.2d 194, 285 Ill. App. 3d 1039, 221 Ill. Dec. 287, 1996 Ill. App. LEXIS 978
Appellate Court of Illinois·Decided December 26, 1996·No. 1-94-3601·Published·Cited by 13 cases

Opinion

JUSTICE CERDA

delivered the opinion of the court:

Following a jury trial, defendant, Stanley Davis, was convicted of two counts each of armed robbery (720 ILCS 5/18 — 2(a) (West 1992)) and aggravated unlawful restraint (720 ILCS 5/10 — 3.1 (West 1992)) in connection with the robbery of a jewelry store, and was sentenced to 25 years’ imprisonment. On appeal, defendant asserts that (1) the trial court improperly admitted hearsay testimony; (2) the trial court erred in allowing testimony that he had a police record and used an alias; (3) the State’s eyewitness testimony was improperly bolstered; (4) cumulative errors denied him a fair trial; and (5) he did not receive effective assistance of counsel. For the following reasons, we affirm.

Enis Cirkic, who owned Ennes Jewelers at 2356 W. Devon Street in Chicago, testified that at 5:50 p.m. on December 2, 1991, he was working with his wife, Enisa, his son, Elvis, and an employee named Idhan Tahirovic. Entering the store from the street, there were glass jewelry showcases on the left side, right side, and at the back wall. Defendant came into the store and went to the back showcase, which contained diamond rings. He was wearing a short fur jacket, expensive-looking boots, expensive jewelry, a watch, and a brown cap. He asked Enisa several questions about the jewelry before Enis started talking with him. Two or three minutes later, while defendant was looking at a diamond ring, Idhan let another man into the store.

Defendant’s partner walked between the left and right showcases before drawing a gun, using it to motion to Idhan and Elvis. As he told them "move” or "let’s go,” defendant stepped back, put a yellow leather bag on the floor, and put his fur jacket on a chair behind the back showcase. He then told Enis, "Be quiet and move from the showcase.” Defendant jumped over the showcase by putting both his hands on the showcase, then took handcuffs and silver duct tape from the leather bag. He threw the handcuffs to the gunman, who put them on Enisa and Idhan. After the gunman told the victims to get on their knees, he instructed Elvis to handcuff himself to Enis.

Defendant started to take the jewelry from a showcase while the gunman searched the victims and took $80 from Enis. When a bus stopped in front of the store, defendant instructed the gunman to take the victims to the back room, where they sat on the floor. Defendant stayed in the front of the store.

The gunman closed the door to the back room and instructed Elvis to tape his legs. While he was checking to see if Elvis had complied, Enis jumped him and grabbed his hands. They struggled for the gun, which went off. All the victims jumped at the gunman and got him to the ground. He had been shot and died as a result of the wound.

Enis slowly went to the front of the store to see if defendant was still there. When the victims realized that defendant was gone, Elvis ran across the street to call the police. Three days later, Enis viewed a lineup from which he could not identify anyone. However, on March 12, 1992, he identified defendant from another lineup.

The testimony of Enisa, Elvis, and Idhan was substantially the same as Enis’ testimony. All three victims identified defendant at the March 12, 1992, lineup and in court.

Officer Stanley Mocodlo, a latent fingerprint examiner for the Chicago police department, identified the three palmprints found at the robbery scene as defendant’s.

Chicago police detective William Baldree, who investigated the robbery, testified that he received information about the robbery from four informants. Based on that information, he went through the Secretary of State’s computer system with the partial license plate number of "XUF” and the name Stanley, which led him to defendant, who owned a car similar to the one police were seeking. Baldree got defendant’s picture because he had a police record and showed it to Enisa and Idhan along with four other photographs. Based on their identification of defendant from the photo array, Baldree obtained an arrest warrant for defendant.

The State presented testimony from the victims of two similar jewelry store robberies, which had occurred in October and November 1991. One of the eyewitnesses testified that defendant and another robber left the scene in a small silver Chevy. The eyewitness from the third robbery testified that defendant left in a large car with two other people.

After the State rested its case in chief, Janice Woodfork testified that she was with defendant until 1 p.m. on December 2, 1991, when he left to go shopping. He returned at 3:20 p.m., and at 6 p.m., Wood-fork, defendant, and defendant’s mother went to a laundromat where they stayed until 10 p.m.

Defendant’s mother, Lolita Davis, testified that she went to the laundromat with Woodfork and defendant on December 2, 1991, sometime after 5 p.m. and stayed until 10 p.m. She also testified that defendant had never owned a small silver car and that she did not know the license plate number of his brown Chevy Caprice.

Defendant testified that he was with Woodfork on December 2, 1991, until he left to go shopping at 12:35 p.m. At 2:15 p.m., he entered Ennes Jewelers to buy a ring for his uncle. He stayed eight minutes, then returned home. Later, he went to the laundromat with his mother and Woodfork.

Defendant raises several trial errors to which he did not object or include in his post-trial motion. Although they generally would be waived (People v. Williams, 165 Ill. 2d 51, 60, 649 N.E.2d 397 (1995); People v. Enoch, 122 Ill. 2d 176, 186, 522 N.E.2d 1124 (1988)), defendant contends that the alleged érrors amounted to plain error and, alternatively, that his attorney’s failure to preserve the issues denied him his right to the effective assistance of counsel. Since defendant claims that his attorney’s failure to object to the testimony denied him the effective assistance of counsel, we will review the alleged trial errors. People v. Barrow, 133 Ill. 2d 226, 274, 549 N.E.2d 240 (1989); People v. Gonzalez, 238 Ill. App. 3d 303, 314, 606 N.E.2d 304 (1992).

Defendant asserts that he was prejudiced by Detective Baldree’s testimony regarding his investigation. Specifically, defendant complains of Baldree’s testimony that informants gave him the name "Stanley” and part of defendant’s license plate number, "XUF,” when they were interviewed in connection with this crime. Defendant argues that the State enhanced the prejudicial effect of these alleged errors by drawing attention to them during its cross-examination of defendant’s mother and its closing argument.

A police officer may reconstruct the steps taken in a crime investigation and may describe the events leading up to the defendant’s arrest if that testimony is necessary and important to explain the State’s case to the jury (People v. Simms, 143 Ill.

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People v. Davis, 675 N.E.2d 194, 285 Ill. App. 3d 1039, 221 Ill. Dec. 287, 1996 Ill. App. LEXIS 978 (Ill. Ct. App. 1996).

675 N.E.2d 194 (People v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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