People v. Grengler

617 N.E.2d 486, 247 Ill. App. 3d 1006, 187 Ill. Dec. 278, 1993 Ill. App. LEXIS 1105
CourtAppellate Court of Illinois
DecidedJuly 23, 1993
Docket2-91-0829
StatusPublished
Cited by11 cases

This text of 617 N.E.2d 486 (People v. Grengler) 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. Grengler, 617 N.E.2d 486, 247 Ill. App. 3d 1006, 187 Ill. Dec. 278, 1993 Ill. App. LEXIS 1105 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Following a jury trial in the circuit court of Du Page County, defendant, Marcus Grengler, was found guilty of robbery (Ill. Rev. Stat. 1991, ch. 38, par. 18-1 (now 720 ILCS 5/18-1 (West 1992))) and theft (Ill. Rev. Stat. 1991, ch. 38, par. 16 — 1(a)(1)(A) (now 720 ILCS 5/16 — 1(a)(1)(A) (West 1992))). Defendant was sentenced to six years’ imprisonment on the robbery conviction. Defendant filed a timely appeal of his conviction and sentence, raising the following issues: (1) whether sufficient evidence was presented to prove defendant guilty of robbery beyond a reasonable doubt; (2) whether the trial court erred by permitting the State to use his prior theft conviction as impeachment evidence; and (3) whether, if defendant’s robbery conviction is reversed, the trial court must reconsider defendant’s petition for TASC treatment when he is resentenced for his theft conviction.

According to defendant’s testimony, between 6 and 7 p.m. on February 23, 1991, defendant met some friends at a bar in Elgin. He consumed a couple of beers and then proceeded to a second bar where he drank more beer and one or more shots of tequila. Sometime around 8:30 or 9 p.m., defendant went to a third bar where he drank a few more beers and five to six more “shooters.” Defendant also smoked some marijuana. Around 10 or 11 p.m., defendant left the bar and attempted to drive home. On the way, he stopped at a convenience store, bought a 12-pack of beer, and obtained directions to Aurora. As he drove, defendant consumed six or seven of the beers. Believing he was lost, defendant stopped again and telephoned his boss for directions. Defendant continued to drive around, and, at about 1 a.m., he pulled into a gas station. Defendant parked his car and entered the station.

Don Shoup testified that he was the only employee scheduled to work at the gas station from 11 p.m. on February 23, 1991, until 7 a.m. the next morning. Shoup testified that defendant came into the station at around 1 a.m. and asked him for directions to Aurora. Shoup had been preparing a deposit, and, when defendant came into the station, Shoup put the deposit money under the counter. Shoup responded that he did not know the way to Aurora and told defendant to look at a map. Defendant took a map from a rack and the two began looking at it. During this time an unknown man entered the station, said he was lost, and asked to use a telephone. Shoup directed him to a pay phone outside the station. Two women also came into the station.

Shoup testified that after the women left, defendant asked “if I had ever seen a .25.” Shoup responded, “no,” thinking defendant meant highway 25 or Route 25. Defendant again asked if he had seen a .25, and Shoup responded, “[W]hat are you talking about?” Defendant replied, “a .25 special.” At that point, defendant put his right hand in his coat pocket and pushed up against his pocket with something and said either “[G]ive me it,” or “Give it to me.” Shoup stated that he saw something round which looked like the end of a gun pushed up inside defendant’s coat pocket. Shoup testified that he thought defendant had a gun, so he stepped back, opened the cash register, and gave defendant approximately $150 in $1, $5, and $10 bills. He did not give defendant the deposit money from under the counter. Defendant took the money, put it in his pocket, and told Shoup to give him a minute before calling anyone. As defendant left the station, Shoup recorded his license plate number and called the police immediately after defendant drove away. Shoup testified that the entire encounter lasted about 20 minutes.

Defendant offered a markedly different version of events. He testified that he asked Shoup where Aurora was and how to get there. Shoup said that he did not know and offered to show defendant a map. Shoup got a map, spread it out on the counter, and they started looking for Aurora. While they were looking at the map, another man came in asking for directions, and Shoup directed him to a 7-Eleven store across the street. Defendant did not remember anyone else entering the store.

Defendant testified that he and Shoup talked and watched television while looking at the map. Defendant also stated that he smoked one or two cigarettes during this time. Defendant testified, “[WJhen we were looking at the map and he mentioned something about, you know, you have got to be real careful because now, this is a good time to get robbed late at night and I said yeah and we were trying to figure out where the 25 was and what main roads were going through it and I asked him to look for Route 31 or 25.” Defendant stated further, “[WJhile we were standing around and trying to find this and he is looking all over and finally we found Aurora on the map and I said now where is 25 and when I said that, he said what did you say? You know where 25 is and he looked at me and he said what? You know where 25 is. Find 25. And he then, when I said that, he goes what do you mean, and I said what do you mean what do I mean. I am looking for Route 25 and then he started getting — he was backing up from the counter.” Defendant said that at this time he was pointing at the map, and, although he did not remember where his hands were, he admitted that they might have been in his pocket.

Defendant testified that after backing up, Shoup told him “hey it is okay, it is cool” and then went over to the cash register, took out the money, walked up and handed over the money, and told him to take it. Defendant testified, “I told him what do you mean. You know, what is going on.” Shoup backed away from the counter, and defendant told him, “Don’t call the cops. We can straighten this out, man.” Defendant stated that he tried to return the money, but Shoup would not take it. Shoup responded “no, no, no, no. Don’t worry. I am not calling anybody. Everything is cool, man.” Defendant testified that he “figured sooner or later someone was going to walk in and they were going to nail me and the cops were going to show up and I was going to be in royal trouble and I got out and I got in my car and started driving away.” Defendant admitted that he took the money with him when he left, rather than leaving it on the counter.

Defendant drove for about 5 to 10 minutes and then pulled into an industrial park where he sat and drank another beer. He stated that he saw several squad cars go by so he drove back on the road where he was subsequently stopped and apprehended by police. When defendant was arrested $146 was found in the left, front pocket of his coat, and a container of lip balm was found in the right, front pocket. The money consisted of $1, $5, and $10 bills.

Thomas Bialas, police officer for the Village of Glendale Heights, testified concerning a conversation he had with defendant while defendant was seated in a squad car:

“According to [defendant], he indicated to me that he was lost and driving around when he decided to pull into the [gas station] *** to try and get directions. According to [defendant], when he went into the gas station, he was obtaining instructions from the attendant on how to get to Route 25. [Defendant] indicated that a male black had entered the gas station. After *** [defendant] had obtained his directions, [defendant] walked out and got into his car.

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Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 486, 247 Ill. App. 3d 1006, 187 Ill. Dec. 278, 1993 Ill. App. LEXIS 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grengler-illappct-1993.