People v. Glasco

628 N.E.2d 781, 256 Ill. App. 3d 714, 195 Ill. Dec. 317, 1993 Ill. App. LEXIS 1919
CourtAppellate Court of Illinois
DecidedDecember 22, 1993
DocketNo. 1- 89-2123
StatusPublished
Cited by3 cases

This text of 628 N.E.2d 781 (People v. Glasco) 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. Glasco, 628 N.E.2d 781, 256 Ill. App. 3d 714, 195 Ill. Dec. 317, 1993 Ill. App. LEXIS 1919 (Ill. Ct. App. 1993).

Opinions

JUSTICE CERDA

delivered the opinion of the court:

After a jury trial, defendant, Thomas Glaseo, was convicted of attempted murder (Ill. Rev. Stat. 1985, ch. 38, pars. 8 — 4, 9 — 1(a)), home invasion (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 11), armed violence (Ill. Rev. Stat. 1985, ch. 38, par. 33A — 2), and aggravated battery (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4). He was sentenced to 20 years’ imprisonment for the attempted murder and home invasion.

On appeal, defendant asserts that (1) the State failed to prove him guilty beyond a reasonable doubt; (2) the trial court erred in sustaining a general objection during his closing argument; (3) prosecutorial misconduct during opening and closing argument denied him a fair trial; and (4) the trial court abused its discretion in sentencing him to 20 years’ imprisonment. We reverse the conviction and remand the case for a new trial.

At trial, Gerald Phillips, a 14-year-old neighbor of the victim, testified that on August 18, 1986, he was walking home between 10:30 and 11 p.m. As he passed the alley between Center and Wallace Streets in Chicago Heights, he saw two men run out of the alley. They were 13 to 14 feet away and were carrying a 19-inch television set. Phillips did not recognize either of the men.

As Phillips approached his home, he saw a nearby house on fire. A passerby went into the burning house and pulled the victim from the fire.

Chicago Heights police officer Henry Rice testified that he investigated the fire. The victim told him that three men entered his home. He knew one of the men by name and recognized another from the neighborhood.

The victim testified that he was home alone at 11:15 p.m. on August 18, 1986, when he heard someone knocking. When he answered the door, the man named Jackson pushed his way into the victim’s kitchen. Jackson locked the door behind him and asked the victim for money. When the victim said he did not have any money, Jackson opened the door and let in the other two men.

The victim stated that the lighting conditions in the kitchen were good and he could plainly see the offenders. One of the men, whom the victim recognized from the neighborhood, took his 12-inch television set. The victim grabbed a police club he kept in his kitchen, but Jackson took it from him and began beating him with it. The victim never identified defendant as one of the offenders and he did not know how the fire started.

Eric Thompson, an alleged co-conspirator who was never charged in relation to this occurrence, testified that he and defendant were living together at the time of the incident. On the evening of August 18, 1986, Thompson was drinking in a school yard with defendant, Nathanial Jackson, and Eric Gatlin. They were all intoxicated when Jackson said that he knew where they could get money to buy more liquor. Thompson stated that he did not know what was going to happen at the apartment.

The four men went to the victim’s basement apartment. Jackson knocked on the door and the victim let him in. A few minutes later, Jackson opened the door and the others entered.

At that point, the victim reached for a stick and began to jab defendant, who was in the corner of the kitchen. Jackson grabbed the stick and then grabbed the victim and defendant struck the victim two or three times with a metal pipe. The victim fell on top of a table, which collapsed. At the same time, Gatlin came out of the living room with the victim’s television set, unlocked the door, and ran outside. Thompson ran out behind him.

Thompson went to his cousin’s house, where he spent the night. Defendant also spent the night there. The next day, Thompson, defendant, Jackson, and Gatlin talked about the incident. At that time, defendant stated that Jackson had started the fire, and Jackson said that he would sell the television set. Thompson told the other men that he would not take the blame for something he did not do and that he would turn them in to the police if necessary. According to Thompson, he went to the police the next day.

Detective David Wierzbicki of the Chicago Heights police department testified that he went to Thompson’s home on August 20, 1986, at 4 p.m. He told Thompson’s girl friend to have Thompson come to the police station. The next night, Thompson went to the police station.

Dr. Raul Delgado testified that the victim suffered a fractured skull from a severe blunt trauma to his head, bruises and lacerations to his face and head, and a fractured left hand.

Milton Batson, an arson investigator, testified that the fire started when a liquid accelerant was spilled on the carpeting and then ignited.

After deliberations, the jury returned guilty verdicts against defendant for attempted murder, home invasion, armed violence, and aggravated battery. Following a sentencing hearing, defendant was sentenced to 20 years’ imprisonment for the attempted murder and the home invasion.

On appeal, defendant asserts that the State failed to prove him guilty beyond a reasonable doubt because its only evidence consisted of the uncorroborated, contradicted testimony of an unindicted co-conspirator who had probably made a deal with the State in exchange for his testimony. Defendant argues that Thompson’s testimony was suspect and must be evaluated with great scrutiny because he expected leniency on another charge in exchange for his testimony in this case.

Even though a co-conspirator’s testimony is suspect and should be evaluated with great scrutiny (People v. Baynes (1981), 88 Ill. 2d 225, 232, 430 N.E.2d 1070), it is sufficient to sustain a conviction if it convinces the jury of the defendant’s guilt beyond a reasonable doubt. (People v. Newell (1984), 103 Ill. 2d 465, 469-70, 469 N.E.2d 1375.) A reviewing court cannot substitute its own judgment for that of the trier of fact on questions involving the credibility of witnesses or the weight of the evidence (People v. Jimerson (1989), 127 Ill. 2d 12, 43, 535 N.E.2d 889), and it will not reverse a criminal conviction unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt. People v. Collins (1985), 106 Ill. 2d 237, 261, 478 N.E.2d 267.

After reviewing the record, we conclude that the evidence in this case does not create a reasonable doubt. The events that occurred inside the victim’s home were corroborated except for the number of offenders involved. While the victim testified that there were three offenders, Thompson stated that four men took part. There was also evidence presented that the victim’s mental and emotional health had deteriorated since the attack. Where there are any conflicts in the testimony, they are to be resolved by the jury. (Collins, 106 Ill. 2d at 261-62.) Therefore, we affirm defendant’s conviction.

Next, defendant asserts that the trial court improperly precluded him from arguing the substance of an accepted instruction regarding the special scrutiny to be used when considering Thompson’s testimony.

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People v. Harris
2020 IL App (3d) 160169 (Appellate Court of Illinois, 2021)
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Cite This Page — Counsel Stack

Bluebook (online)
628 N.E.2d 781, 256 Ill. App. 3d 714, 195 Ill. Dec. 317, 1993 Ill. App. LEXIS 1919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-glasco-illappct-1993.