People v. Dennis

692 N.E.2d 325, 181 Ill. 2d 87, 229 Ill. Dec. 552, 1998 Ill. LEXIS 348
Illinois Supreme Court·Decided February 20, 1998·No. 79042·Published·Cited by 203 cases

Opinions

CHIEF JUSTICE FREEMAN

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Romance Dennis, was convicted of armed robbery (720 ILCS 5/18 — 2(a) (West 1994)) on a theory of accountability (720 ILCS 5/5 — 2 (West 1994)) and sentenced to eight years’ imprisonment. The appellate court reversed defendant’s conviction and remanded the cause for a new trial. 271 Ill. App. 3d 1041. We granted the State’s petition for leave to appeal (166 Ill. 2d R. 315(a)) and now affirm the appellate court.

FACTUAL BACKGROUND

The testimony of Mario and Greg Perez, the victims in this case, was essentially the same. Mario testified that on July 15, 1991, he and his brother, Greg, self-employed roofing contractors, were in search of a hardware store to purchase paint and supplies. While searching, Mario drove his truck into an alleyway in the vicinity of Chicago Avenue and Springfield Road in Chicago. A garbage truck was stopped in the alley in front of him and blocked Mario’s exit:

Because the alleyway was blocked, Mario turned off his truck engine, opened his door and waited for the garbage truck to move. In his rearview mirror, Mario noticed a car, being driven by defendant, enter the alley and pull up directly behind Mario’s truck. Another person, later identified as Ernest Jones, exited defendant’s car from the passenger side. Defendant then backed the car into a “T” in the alley.

Greg, who was seated on the passenger side of the truck, testified that he did not see the car pull behind their truck. However, as Greg sat with Mario, a man with a gun approached Greg and demanded money. Greg alerted Mario about the gunman. Upon seeing the gun, Mario grabbed from Greg’s hand the four dollars which had been intended for the purchase of the paint and supplies. Mario jumped out of the driver’s side of the truck and pulled out a pocket knife to distract the gunman. Nevertheless, the gunman was able to take a radio/ compact disc player from the truck’s floor. Greg chased the gunman with a barbecue fork. Mario further testified that the gunman got back into the car, which, by that time, had been turned around without Mario’s noticing.

Officer Patricia Warner, a Chicago police officer, testified that on July 15, 1991, as she and her partner, Paul Sarpaulis, were driving westbound on Chicago Avenue, they observed two subjects, later identified as Greg and Mario Perez, and responded to their summons for assistance. The Perez brothers told the officers that they had just been robbed and gave the officers a physical description of the robbers and of their vehicle. The description ultimately led the officers to defendant, who was later positively identified by the Perez brothers.

Officer Warner further testified that she was familiár with a three-story gray brick building at West Chicago Avenue. It was her testimony that the area is a known “dope spot,” and that she had, in the past, investigated the building for narcotics trafficking. Officer Warner also testified that although she could not recall the name or exact location, there is a hardware store on Chicago Avenue.

Defendant’s version of the facts is as follows. On the date of the robbery, defendant and his fiancee drove to Ernest Jones’ home. After Jones was picked up, the three drove to a location on Chicago Avenue in Chicago with the intent to purchase heroin.

Defendant entered an alley between Springfield and Harding. Parked just ahead of him in the alley was a garbage truck. A pickup truck entered the alley behind him. Defendant drove up to a “T” in the alley, stopped, and allowed Jones to exit the car. After Jones exited, defendant made a right turn into the “T” alley because the pickup truck was behind him. According to defendant, the pickup was one which he had seen near the drug house, which was accessible from this alley, on at least three prior occasions.

Defendant testified that Mario Perez and “some black.guy”,were sitting in Mario’s truck. Before turning into the “T” alley, defendant saw Mario exit the pickup truck. Mario had money in his hand and was headed toward the entrance of the drug house. At that time, defendant further recounted, Jones and Mario were walking almost side by side toward the house. Defendant stated that he pulled into the “T” alley to wait for Jones’ return because he did not want to wait in close proximity to the drug house, which is located on the other side of the “T.”

While defendant and his fiancee were waiting, defendant saw Jones being chased toward the car by an unknown male. When Jones arrived at the car, defendant leaned to his fiancee and told her to open the door. Jones jumped into the car, and, panicking, told defendant to go. At the time, defendant, unaware of what had actually occurred, thought that perhaps there had been a “drug bust.” Defendant sped off in the car.

When Jones reentered defendant’s car, Jones was carrying a small radio in his hand. Prior to this time, defendant had not seen the radio and did not know from where Jones had gotten the radio. Jones subsequently told defendant that he had taken the radio from the “guys” chasing him. He lifted his shirt and showed defendant a revolver in his waistband. Prior to that time, defendant had not seen the revolver.

After dropping Jones off, defendant went home, talked to his mother and went to work. Afraid to tell the police that he was at the drug house, defendant did not notify the police about the occurrence in the alley. In the interim, Officer Warner visited defendant’s home. At some later time, defendant telephoned Officer Warner, who eventually met with defendant and placed him under arrest.

After placing defendant under arrest, the police transported defendant to the police station. Defendant agreed to cooperate with the police and, to that end, defendant was permitted to leave the station and to lead the police to Jones’ home. Defendant picked up Jones and the two then traveled to defendant’s home. After arriving at defendant’s house, both defendant and Jones were placed under arrest.

Defendant testified that he did not know that Jones had a gun or that Jones was going to commit the robbery. On cross-examination, he stated that he had given Jones money to purchase drugs for both him and Jones.

At the close of the evidence, the jury was instructed on, inter alla, the elements of armed robbery and accountability. During deliberations, the jury sent a note to the court asking, “When is the commission of the offense complete?” Before the court made any response, the jury sent a second note, asking, “Can we please have the answer: When is the commission of the crime over? Will you supply the answer.” As stated in the appellate court opinion, the court responded, “you may consider the period of time and the activities involved in escaping to a place of safety.”

The jury subsequently returned a guilty verdict. On appeal, the appellate court held that while the trial court’s decision to respond to the jury inquiry was proper, the substance of the court’s response constituted reversible error. The appellate court, therefore, reversed defendant’s conviction and sentence and remanded the cause for a new trial.

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People v. Dennis, 692 N.E.2d 325, 181 Ill. 2d 87, 229 Ill. Dec. 552, 1998 Ill. LEXIS 348 (Ill. 1998).

692 N.E.2d 325 (People v. Dennis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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