People v. Felters

363 N.E.2d 606, 48 Ill. App. 3d 623, 6 Ill. Dec. 792, 1977 Ill. App. LEXIS 2632
CourtAppellate Court of Illinois
DecidedMay 12, 1977
DocketNo. 75-390
StatusPublished
Cited by2 cases

This text of 363 N.E.2d 606 (People v. Felters) 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. Felters, 363 N.E.2d 606, 48 Ill. App. 3d 623, 6 Ill. Dec. 792, 1977 Ill. App. LEXIS 2632 (Ill. Ct. App. 1977).

Opinion

Mr. JUSTICE BOYLE

delivered the opinion of the court:

The defendant, Charles Felters, appeals from a conviction for the offense of armed robbery entered against him following a bench trial in Du Page County, Illinois. Defendant alleges that his guilt was not proved beyond a reasonable doubt, that the admission of a certain wallet was error, and that the sentence of 7 to 14 years was erroneous inasmuch as the judge pronounced a sentence of 7 to 10 years at the time of sentencing and the transcript so shows.

The State presented four witnesses. Roger Bergan testified that on September 23, 1974, he was working as an attendant at the Martin Gas Station on Lake Street in Addison, Illinois, and that at about 4:40 a.m., a black male, driving a silver Toronado car, entered the gas station driveway. The occupant purchased gasoline, paying for same, and thereafter came up behind Bergan displaying a black automatic pistol and took the station’s money, amounting to approximately *90, all in singles, as well as Bergan’s wallet. He further testified that the black male was wearing a dark coat and an Afro-style haircut and appeared to be about 5'8" or 5'9" and pretty well built. He testified that the man was observed by him for a total time of some two or three minutes, and he said that he paid particular attention as he felt something was going to happen. He further testified that the weapon was a black automatic pistol and that he was fairly familiar with weapons. His description of the automobile was detailed, and the description of the automobile and the subject person were phoned to the police immediately following the incident. Later in the morning, some four or five hours after the events at the gasoline station, Bergan was taken to the Franklin Park Police Station and shown six photos of black male persons of similar size, skin coloring and hair style. He thereupon selected the photo of the defendant from the six displayed photographs. Immediately thereafter, he viewed the defendant in the company of two police officers through a two-way mirror and identified him as being the same person who was the occupant of the car and who had committed the robbery. He qualified his testimony by stating that he was reasonably certain that the defendant was the same individual he had seen at the station and in the photographs.

The State next presented Detective Robert Morris, who testified that he was on duty in an unmarked squad car when the call was received regarding the alleged armed robbery at the Martin Gas Station and that he (witness) took off in pursuit of a car meeting the description phoned in, specifically being a silver Toronado car, which he followed for some distance. In the chase, two road-blocks were run, and as the car which the witness was pursuing went around a comer, the detective lost the view for a few seconds, as he was engaged in making the turn. After completing the turn, he observed the car still moving in a slow manner, but which was then unoccupied. He further testified that previously he had observed its being operated by a black male driver. Upon approaching the car, the station attendant’s wallet was observed on the front seat.

Officers Iovanelli and Flood of the Franklin Park Police Department testified that they were dispatched to the Milwaukee Railway yard, which is approximately 2M miles from the place where the chase had ended earlier that morning. The call was received in the area of 10 a.m. and concerned a man with a gun. The witnesses testified that they observed a male Negro standing outside an automobile pass a newspaper from which the butt of a revolver or pistol was visible to the driver of the car. The black male Negro was arrested and a black pistol had been thrown to the ground outside the car. Seven shells were recovered from the pistol. After being taken to the police station, *86 in one-dollar bills was found in the possession of the black male subject, who is the defendant in this case. After being advised of his rights, the defendant complained of a wound in his leg and was taken by Officer Iovanelli to the hospital for treatment. In the course of the ride to the station, and after being advised of his rights, the defendant was asked a question as to whether or not he remembered being in an auto chase that previous night. He answered affirmatively. In answer to another question as to whether he had committed an armed robbery on the previous night, the defendant stated, “It wasn’t worth it.

Viewing this record in its totality convinces us that the conviction of the defendant, Felters, was proved beyond a reasonable doubt. The trial court was the trier of the facts and had the opportunity to hear and observe the manner and demeanor of the witnesses in testifying. The identification of Felters by the gas station attendant, Bergan, was based upon his being viewed in a well-lighted area for two or three minutes at a time when the attendant testified he was paying particular attention. The same witness selected the defendant’s photo from a total of six photos of black male Negroes of similar size, skin coloring and hair style. Defendant complains that because that witness qualified his identification by stating he was “reasonably certain” that defendant was the same person as the person who committed the robbery that no identification was sufficiently made to sustain a conviction. We disagree. The qualification made by the witness goes to weight of the evidence only and we must assume was fully considered by the trial judge together with all of the other evidence in this case. The finding of the trial court in matters of weight of evidence and credibility will not be disturbed on review unless the evidence is so unsatisfactory as to raise a reasonable doubt of defendant’s guilt. People v. Wilson (1976), 36 Ill. App. 3d 946, 344 N.E.2d 756; People v. Henley (1976), 36 Ill. App. 3d 223, 343 N.E.2d 656.

The contention made that the wallet recovered from the seat of the silver Toronado was not connected to the defendant is not well taken. Defendant overlooks the fact that he, himself, admitted to Detective Iovanelli that he had been involved in a high-speed chase that previous night. The wallet was taken from the seat of the silver Toronado auto by Officer Morris, who testified that the car was driven by a black male subject as it turned the corner “out of his sight for a split second” and the auto was still moving when he entered it and found it empty except for Bergan’s wallet. Attendant Bergan placed the defendant in that self-same car just moments before the high-speed chase began and which culminated in the recovery of Bergan’s wallet and the car. It strains reason to say that there was no connection between defendant and the wallet.

The final contention of the defendant is that an improper mittimus, based upon an error in the sentence form, was issued by the trial court. The actual judgment pronounced by the court at the sentence hearing was 7 to 10 years. The judgment order, the clerk’s docket and the mittimus all recited a sentence of 7 to 14 years. Defendant contends he should be detained on the judgment pronounced by the judge and not the sentence form or mittimus which followed.

Two recent Illinois Appellate Court cases are dispositive of this issue. This court in People v. Peatry (1976), 38 Ill. App. 3d 332, 347 N.E.2d 169

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

Related

People v. Hopkins
437 N.E.2d 722 (Appellate Court of Illinois, 1982)
People v. Gortva
370 N.E.2d 279 (Appellate Court of Illinois, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
363 N.E.2d 606, 48 Ill. App. 3d 623, 6 Ill. Dec. 792, 1977 Ill. App. LEXIS 2632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felters-illappct-1977.