People v. Gonzalez

611 N.E.2d 1133, 243 Ill. App. 3d 238, 183 Ill. Dec. 485, 1993 Ill. App. LEXIS 172
CourtAppellate Court of Illinois
DecidedFebruary 16, 1993
DocketNo. 1-91-2681
StatusPublished
Cited by3 cases

This text of 611 N.E.2d 1133 (People v. Gonzalez) 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. Gonzalez, 611 N.E.2d 1133, 243 Ill. App. 3d 238, 183 Ill. Dec. 485, 1993 Ill. App. LEXIS 172 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a bench trial, defendant, Miguel Gonzalez, was found guilty of aggravated arson and sentenced to 10 years’ imprisonment. On appeal, defendant contends that: (1) he was not proved guilty of aggravated arson beyond a reasonable doubt; (2) the State failed to prove venue beyond a reasonable doubt; and (3) the trial court considered improper factors in sentencing him to an excessive term of 10 years’ imprisonment. For the following reasons, we affirm, reducing the sentence imposed by the trial court.

According to the testimony at trial, on March 28, 1989, at 2:50 a.m., police responded to a disturbance in the vicinity of 1157 West 17th Street, found defendant in the backyard behind the apartment building located at that address, and arrested him for arson. Chicago police department arson investigator Sam Grano examined the building on the morning in question, concluding that the fire started in the first-floor rear apartment, and that it was caused by available materials ignited with an open flame. Detective Grano took photographs of the interior and exterior of the building, which were admitted into evidence at trial. The photographs show that the fire damaged three square inches of floor, with additional damage to clothes and carpet in the area. Detective Grano could not discern whether the fire was caused by a discarded match or intentionally started.

Adella Reyes testified that she and her five children lived in the first-floor front apartment of the three-story, six-unit building located at 1157 West 17th Street. At that time, the three rear apartments in the building were unoccupied. Reyes met defendant approximately 15 days prior to the date of the fire. Defendant lived on the third floor of the building, and on three occasions stayed overnight in the kitchen of Reyes’ apartment. Defendant gave Reyes several little pots, for which Reyes owed defendant $50.

On March 28 at approximately 2:30 a.m. Reyes was home with her children. Defendant came to Reyes’ door and asked her for his flashlight and for the money she owed him. Reyes did not open the door. Reyes told defendant that she looked for his flashlight but could not find it and that she did not have any money. Reyes thought defendant had been drinking because he was talking loudly.

About a half an hour later, a girl came to Reyes’ door and told her that there was a fire outside. Reyes went outside to locate a police officer, and Reyes’" son, Jose, put out the fire, which was located in the vacant apartment directly behind Reyes’ apartment.

Gilberto Juarez testified on behalf of the State that on March 28, 1989, at approximately 2:30 a.m., he was walking past 1157 West 17th Street when he saw a man crouched down by a wood pile behind the building, attempting to light the wood pile on fire. Juarez asked the man what he was doing, and the man looked up at Juarez and said nothing. At that time, Juarez noticed smoke and a few flames emanating from the rear of the building. Juarez asked the man if he had set the building on fire and the man did not respond. Juarez then told the man to get up, but the man was drunk and had difficulty doing so. Juarez told the man not to move.

Juarez then saw a girl standing at the side of the building. Juarez told her to go into the building, wake the occupants and tell them to get out of the building. The man then tried to run away. Juarez put his walking cane under his trench coat and lifted it up to block the man’s way and hold him there until the police arrived. The man told Juarez that he started the fire in the building because “they” owed him money. Juarez stated that the man was referring to a woman who lived in the building, but Juarez did not know her name.

The police arrived about 10 minutes later and Juarez told them what had happened and what the man had said. The police arrested the man. Juarez did not identify defendant in court.

Next, Chicago police officer Andre Hassan testified that on the morning in question, at approximately 2:50 a.m., he and his partner, Officer Jim Cummings, were on duty in the 12th district. They were in the vicinity of 1157 West 17th Street when they heard noises and yelling coming from the alley. They went around to the back to investigate and found Juarez trying to detain defendant in the backyard. Defendant was about 10 feet away from the officers, standing by a wood pile.

Juarez told the officers that defendant had said that he tried to burn down the building because the occupants there owed him $50. Officer Hassan searched defendant and recovered three books of matches. Officer Hassan advised defendant of his rights in Spanish, reading from a preprinted card. Defendant responded that he understood his rights. Defendant then told the officers that he had tried to burn down the building because the occupants there owed him $50.

On cross-examination Officer Hassan stated that he believed that defendant had been drinking because of the heavy smell of alcohol on his breath. The parties stipulated to the testimony of Isadore Delgado, the owner of the building, that prior to the fire there was no damage to the floor or to items in the apartment and that Delgado did not give defendant permission to start the fire.

The trial court found defendant guilty of aggravated arson. Following a hearing in aggravation and mitigation, the trial court sentenced defendant to 10 years’ imprisonment. This timely appeal followed.

Initially, defendant contends that he was not proved guilty of aggravated arson beyond a reasonable doubt. Defendant argues that there was no direct evidence against him and that the circumstantial evidence against him was insufficient to establish that he set any fire.

Where a defendant contests the sufficiency of the evidence, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Burrett (1991), 216 Ill. App. 3d 185, 576 N.E.2d 293, citing People v. Young (1989), 128 Ill. 2d 1, 49, 538 N.E.2d 453.) The trier of fact has the exclusive province to assess the credibility of the witnesses, the weight to be given their testimony and the inferences to be drawn from the evidence. (Young, 128 Ill. 2d at 51.) Elements of aggravated arson may be shown by circumstantial evidence, and issues such as motive, opportunity or knowledge can be inferred from the surrounding facts of each case. Burrett, 216 Ill. App. 3d at 190; People v. Dukes (1986), 146 Ill. App. 3d 790, 497 N.E.2d 351.

Section 20 — 1 of the arson statute provides:

“A person commits arson when, by means of fire or explosive, he knowingly:
(a) Damages any real property, or any personal property having a value of $150 or more, of another -without consent.” (Ill. Rev. Stat. 1989, ch. 38, par. 20 — 1.)

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Bluebook (online)
611 N.E.2d 1133, 243 Ill. App. 3d 238, 183 Ill. Dec. 485, 1993 Ill. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzalez-illappct-1993.