People v. Harris

580 N.E.2d 1342, 220 Ill. App. 3d 848, 163 Ill. Dec. 1, 1991 Ill. App. LEXIS 1759
Appellate Court of Illinois·Decided October 11, 1991·No. 1-88-3080·Published·Cited by 39 cases

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

Michael Harris (Harris) was charged with attempted murder (Ill. Rev. Stat. 1985, ch. 38, par. 8—4), aggravated battery (Ill. Rev. Stat. 1985, ch. 38, par. 12—4(b)(1)) and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18—2(a)). After a jury trial, he was found guilty of attempted murder, aggravated battery and armed robbery. Thereafter, defendant was sentenced to 58 years in the Illinois Department of Corrections to be followed by three years’ mandatory supervised release.

On appeal Harris charges that the following procedural and substantive errors mandate a reversal of his conviction and vacation of his sentence:

(1) Whether the trial court erred by admitting evidence concerning a prior conviction for armed robbery;

(2) Whether the trial judge’s interference in the manner in which defense counsel conducted his motion to suppress denied defendant a fair and impartial trial;

(3) Whether the trial judge erred by denying defense counsel’s motion to suppress the identification of George Caver;

(4) Whether defendant was proven guilty of attempted murder, aggravated battery and armed robbery beyond a reasonable doubt; and

(5) Whether the 58-year sentence imposed by the trial judge is excessive and must be vacated.

The basic facts are as follows. On October 12, 1987, the victim, a Cook County department of corrections police officer, was driving home. Approximately eight blocks from her home she noticed a person driving a red Chevette pull up alongside of her. The red Chevette followed the victim until she arrived at her home. Upon her arrival home, the victim stopped her car alongside her garage and looked around. The victim got out of her car to open her garage door. As she exited her car she noticed the red Chevette parked close by. The victim reentered her car and then backed her car into her garage. Once parked in her garage she exited her car. The garage was illuminated by a streetlamp.

The victim saw a black male come into the garage. He pushed her against the car, told her not to look at him, and asked her whether she had any drugs or gold. "While in her garage the officer was robbed at gunpoint, hit on her head and shot in the face. Her shoulder bag was pulled off her shoulder, two rings were taken from her finger and her badge was seized.

Once in her car, defendant pointed his gun at her face. The victim started her car. As she attempted to pull her car door shut, defendant shot her in the face. She was also hit over the head with the gun. With a gunshot wound in her face, she drove out of her garage. For a moment she noticed that defendant was alongside her car but then fell. "When defendant got up he started running toward his red Chevette. The victim drove after him. Defendant shot again and hit the driver’s side window of her car. The window shattered. The victim continued her pursuit of defendant until she could feel herself passing out. The victim later identified Harris from a lineup as the person who had accosted her.

On October 16, 1987, George Caver (Caver) was robbed while washing his 1978 green Oldsmobile. He was approached by a person he later identified as Harris. Harris identified himself as a policeman while showing a badge. Harris asked if Caver was the owner of the Oldsmobile and if he had any drugs in the car. Caver responded that he did not. Harris told Caver to empty his pockets onto the car’s floor. At the time the keys to the Oldsmobile were in the ignition. Defendant then took Caver’s car. Caver testified that a pair of cowboy boots and a pair of shoes were in the car when it was taken. Later, Caver identified his cowboy boots, his Oldsmobile, his wallet and the badge that was later found in defendant’s possession upon defendant’s arrest. Caver identified defendant from a lineup. Caver also identified the shoes defendant was wearing in the lineup as his.

On October 18, 1987, at approximately 6 a.m., two Chicago police officers, Officer Arnold Martinez and Walter Smith, heard a high pitched squeal then observed a green Oldsmobile. After approaching the Oldsmobile and ordering the driver to pull over to the curb, the driver took off. The driver stopped and left the car with the officers in pursuit. Officer Carl Riggenbach later joined the chase. Officers Riggenbach, Martinez, and Smith observed defendant throw down a pistol and a badge that he was holding. Harris was eventually apprehended in a yard. A key chain, a leather glove, a black baseball cap and a wallet with Caver’s identification were recovered in the backyard where Harris was arrested.

At approximately 6:30 p.m. on October 18, 1987, the victim went to the 111th Street police station accompanied by a friend, Mr. Gregory Lynum. Approximately one hour later she was taken to a lineup room where she identified Harris as the person who shot and robbed her. The victim also identified the gun used by defendant, her badge case containing her Cook County identification that had her identifying number, and the dark cap that defendant wore when he committed his crimes. Mr. Lynum gave the police a bullet he recovered from the victim’s car. The bullet came from a cartridge of the same caliber of cartridge used in the gun recovered from defendant upon his arrest. However, the bullet was so mutilated that it could not be positively determined to have been fired from any particular gun.

Harris’ version of the events is completely contradictory to the State’s. Harris claims that at approximately 5 a.m. on October 17, 1987, he left his girl friend’s house located at 78th and Carpenter. He was going to take a bus to his mother’s home. He was between 63rd and 65th and Morgan with a cigarette in his mouth and marijuana in his pocket when he saw the police. As he ran to throw the marijuana away, the police pulled up, asked him for identification, told him to get into the car and placed him under arrest.

Harris stated that when he saw the police, he started running. He threw his cigarette to the ground, a bag of marijuana was on his person. He did not notice a 1978 Oldsmobile in the area. He did not throw a gun, wallet, sheriff’s star or badge.

Despite Harris’ claims of lack of involvement and excessive sentence, we must affirm his conviction and sentence.

I

The first of Harris’ five claimed errors involves a claim that the trial court erroneously denied his motion in limine to prohibit the introduction of a 1980 conviction for armed robbery. Harris argues that the probative value of the evidence is outweighed by its prejudicial effect. Harris further contends that his prior armed robbery conviction was so similar to his current armed robbery conviction that the admission of the prior armed robbery conviction was reversible error.

We disagree and find that the trial court zealously guarded Harris’ rights in its ruling on the evidence concerning his prior conviction for armed robbery. People v. Montgomery (1971), 47 Ill. 2d 510, 268 N.E.2d 695, establishes the basic circumstances under which the State may impeach a defendant with a prior conviction after he or she has testified.

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People v. Harris, 580 N.E.2d 1342, 220 Ill. App. 3d 848, 163 Ill. Dec. 1, 1991 Ill. App. LEXIS 1759 (Ill. Ct. App. 1991).

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