People v. Deaton

603 N.E.2d 803, 236 Ill. App. 3d 530, 177 Ill. Dec. 733, 1992 Ill. App. LEXIS 1697
CourtAppellate Court of Illinois
DecidedOctober 21, 1992
DocketNo. 1—87—2144
StatusPublished
Cited by3 cases

This text of 603 N.E.2d 803 (People v. Deaton) 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. Deaton, 603 N.E.2d 803, 236 Ill. App. 3d 530, 177 Ill. Dec. 733, 1992 Ill. App. LEXIS 1697 (Ill. Ct. App. 1992).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a jury trial, defendant, David Deaton, was convicted of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1) and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2). Defendant was sentenced to an extended term of 50 years’ imprisonment in the Illinois Department of Corrections.

The issues before this court for review are (1) whether defendant’s convictions must be reversed, and his cause remanded for a new trial on the basis that the trial court’s instructions to the jury concerning murder and voluntary manslaughter were improper pursuant to People v. Reddick (1988), 123 Ill. 2d 184, 526 N.E.2d 141; (2) whether the State proved defendant guilty of armed robbery beyond a reasonable doubt; and (3) whether the trial court abused its discretion when it sentenced defendant to an extended term of 50 years’ imprisonment. We affirm.

Before the trial commenced, defendant moved to suppress his inculpatory post-arrest statements. After a hearing, this motion was denied. Defendant then requested a trial separate from one of his codefendants, Wesley Turner, due to the existence of cross-inculpatory statements attributed to Turner. Defendant’s motion for a separate trial was granted.

Defendant and Turner each opted for a jury trial. The other codefendant, Adiel Jaime, elected a bench trial. Defendant waived his right to a sentencing jury in the event the case progressed to a capital sentencing hearing. Prior to voir dire, the State nol-prossed its charges against defendant for aggravated kidnapping and armed violence.

After the jury was selected and sworn, defendant, Turner and Jaime were tried in a joint trial. The jurors sworn to make findings in defendant’s case heard the following evidence. Mary Ortiz, a witness for the State, testified that on September 9, 1985, she and her friend Lucy Rivera were walking on Irving Park Road near Sheridan Road in Chicago, Illinois. Ortiz stated that as she and Rivera approached the intersection of Irving Park Road and Sheridan Road, she saw defendant and Turner across the street.

Ortiz and Rivera then decided to walk through the parking lot behind Byron’s Hot Dog Stand on Irving Park Road. Ortiz stated that as she and Rivera walked through the parking lot, they were approached by two men. Ortiz told the court that one of the men asked her for a “date.” Ortiz explained that the term “date” was a colloquialism for prostitution. Ortiz testified that Rivera walked away with the man. Ortiz stated that the other man then asked her for a “date,” and she responded that she was not a whore. The man then walked across the parking lot and sat down on a fence rail.

Ortiz testified that as she began to walk away, Turner crossed the street and approached the man who propositioned her. She further stated that Turner spoke to the man and that Turner then punched the man. Ortiz testified that she then observed the the victim fall back, regain his balance, and begin to run away from Turner toward the back wall of Byron’s Hot Dog Stand. Ortiz testified that Turner chased the victim and tripped him, causing the victim to fall and hit his head on the wall of the hot dog stand. Ortiz testified that Turner then hit the victim, and that immediately thereafter, defendant approached the scene and began to punch and kick the victim. Ortiz stated that she next observed Turner remove the victim’s shoes. Ortiz testified that Jaime then approached the victim and struck him with a soft drink syrup canister. Ortiz told the court that defendant then stabbed the victim as he attempted to stand up.

Ortiz left after defendant stabbed the victim. Ortiz testified that she walked to a building on Kenmore Street where she met Rivera and Jaime. Ortiz testified that shortly thereafter, she and Rivera were approached by defendant and Turner, and that defendant had blood all over his hands, clothes and bandanna. Ortiz stated that defendant then tried to give Rivera the knife, but she refused to accept it. The group then walked down Kenmore Street toward Gordon Terrace. Ortiz testified that defendant tried to give the knife to Rivera again, but that Rivera again refused to accept it. Ortiz told the court that Turner then removed $11 from his pocket which he said belonged to the victim. Ortiz testified that defendant then demanded and was given some of the money.

On cross-examination Ortiz stated that she had dated Jaime for two weeks approximately a year prior to this incident. Ortiz also acknowledged that there were some inconsistencies between her testimony before the grand jury and her testimony at trial. Ortiz’ inconsistent testimony, however, concerned the actions of Turner and Jaime. Ortiz’ testimony about defendant was consistent.

It was stipulated that the victim, Andres Laapa, was treated at Illinois Masonic Hospital, where he died two days after he was admitted. It was further stipulated that blood samples were obtained from the victim, the metal canister, and defendant’s clothing. It was also stipulated that Pamela Fish, a serologist, determined that all of the samples were type 0 human blood.

Dr. Tae An, a forensic pathologist, testified that he performed an autopsy on the victim. Dr. An first observed two lacerations on the victim’s left forehead and three stab wounds on his chest, arm and back. Upon an internal examination, Dr. An noticed that the victim had a large cranial injury which included a skull fracture, a cerebral hemorrhage, a contusion, and brain swelling. Dr. An also observed that the victim’s liver was lacerated. Dr. An opined that the victim’s death was caused by the cranial injury and multiple stab wounds.

Detective William Baldree testified next. Detective Baldree stated that he inspected the scene of the crime on September 9, 1985, at approximately 2:30 a.m. Detective Baldree testified that the parking lot adjacent to Byron’s Hot Dog Stand is in the rear of the building, and that empty soda syrup canisters are stored there. Detective Baldree identified the metal canister he recovered, and a pair of shoes he found near the rear wall of the hot dog stand. Detective Baldree testified that the canister and the shoes were about 15 feet apart. Detective Baldree further testified that there was blood on the pavement near the shoes, and that there was a second pool of blood on the ground next to the.soda canister. Detective Baldree stated that there were marks on the pavement which extended from the canister and the pool of blood to a guard rail fence on the edge of the parking lot. Detective Baldree told the court that there was blood smeared across this fence, across the alley, and into a rear parking area of another restaurant where a third pool of blood was found.

Later that day, at approximately 12:30 p.m., Detective Baldree testified that he and Detectives David Paul and Fred Stone drove to Kaleidoscope, Inc. Kaleidoscope, Inc., was a private institution which provided social services to youth. Detective Baldree stated that he and Detective Stone went inside while Detective Paul remained outside. Detective Baldree testified that once inside, he and Detective Stone had a conversation with Jill Fein, the program director at Kaleidoscope, Inc., and that defendant was then brought into Fein’s office, where Detective Baldree read him his Miranda rights.

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Cite This Page — Counsel Stack

Bluebook (online)
603 N.E.2d 803, 236 Ill. App. 3d 530, 177 Ill. Dec. 733, 1992 Ill. App. LEXIS 1697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deaton-illappct-1992.