People v. Houston

608 N.E.2d 46, 240 Ill. App. 3d 754, 180 Ill. Dec. 924, 1992 Ill. App. LEXIS 1976
CourtAppellate Court of Illinois
DecidedDecember 3, 1992
Docket1-88-2637
StatusPublished
Cited by6 cases

This text of 608 N.E.2d 46 (People v. Houston) 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. Houston, 608 N.E.2d 46, 240 Ill. App. 3d 754, 180 Ill. Dec. 924, 1992 Ill. App. LEXIS 1976 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

Following a jury trial, the defendant, Johnny Houston, was convicted of criminal sexual assault, home invasion, and armed robbery against the person and property of Patricia and was sentenced to 60 years. On appeal, the defendant contends: (1) the court erred in denying his motion to quash his arrest and suppress the lineup identification on the basis that the police did not have probable cause to arrest him; (2) the testimony of a State witness regarding the lineup identification should have been suppressed because the police failed to preserve the photograph of that lineup; (3) that he was denied a fair trial because the court incorrectly admitted evidence of similar offenses committed against other women; (4) the State made improper comments during its opening statement and closing argument; (5) the court committed reversible error in refusing to give the defendant’s proposed jury instruction on identification; (6) that he was denied a fair trial and was unfairly prejudiced because a State witness testified that she viewed “mug shots”; (7) that the cumulative impact of the trial errors deprived him of a fair trial; (8) that he was deprived of a fair sentencing hearing because the judge made a prejudicial comment to a defense witness; and (9) his sentence was excessive.

Prior to trial, the defendant made a motion to quash arrest and suppress the lineup identification testimony. At the hearing, the defendant testified that on August 29, 1987, he was living with his mother, Annie Carr. Officer Keenan went to their home to speak with the defendant. Since he was not at home, Keenan left a phone number for the defendant to call when he returned. Later that afternoon, the defendant returned Keenan’s call but was unable to reach him. About 30 minutes later, the police knocked at his door, identified themselves as the police, told the defendant they had a warrant, and asked to speak with him. The defendant let them in, asked to see their warrant and the police told him that the papers were at the station. The defendant testified that he refused to go to the station and one of the officers told him “you’ll go one way or another.” The defendant was arrested and placed in a lineup with four other pen. Four women, Patricia, Gayle, Paula, and Joan, viewed the lineup separately and identified the defendant as the man who had committed offenses against them.

Officer Keenan from the Chicago police department testified that on August 19, 1987, he was investigating a series of rapes in the DePaul area. A photograph of the defendant had been tentatively identified by one of the victims. On August 29, 1987, he went over to the defendant’s home to speak with him, and when he was not at home, he left a message with his mother directing the defendant to telephone him at the police station.

Detective Hagen testified that on August 25, 1987, he conducted a photo array lineup and Gayle tentatively identified the defendant’s photo as that of her offender.

Detective Kurth testified that he conducted a lineup on July 30, . 1987. Paula, Joan, and Pat could not identify anyone in the lineup. There were five individuals in the lineup and the defendant was not one of them.

Detective Annerino testified that on August 29, 1987, he went to the defendant’s home with several other officers. The officers informed the defendant of the photo identification and the allegations against him. They asked the defendant to accompany them to police headquarters to assist them in their investigation. The defendant was handcuffed and taken to the station. The police did not have an arrest warrant.

Ms. Carr, the defendant’s mother, testified that on August 29, 1987, the defendant answered the door and the police came in and asked him to go to the police station to participate in a lineup. One of the officers slapped a walking stick on his own palm and leg. Carr became fearful and asked the defendant to go with the officers. On cross-examination, Carr testified that when the officers were in her home, no one got violent, the officers did not strike anyone, and the defendant was never handcuffed.

Patricia testified that on May 31, 1987, she had been a victim of aggravated criminal sexual assault. She was unable to identify anyone at the June 30, 1987, or August 25, 1987, lineups. At the lineup on August 29, 1987, she was the first of four women to view a lineup and identified the defendant as her attacker. She did not discuss the lineup with any of the other women.

Gayle testified that on June 15, 1987, she was a victim of home invasion. She viewed a lineup on July 30, 1987, and another on August 25, 1987, and was not able to identify anyone. On August 25, 1987, she viewed several photographs and identified the photograph of the defendant. On August 29, 1987, she was the second person to view a lineup and identified the defendant.

Paula testified that she was a victim of home invasion and attempted murder on June 15, 1987. At that time, she was living with Gayle. She viewed lineups on July 30, 1987, August 25, 1987, and August 29, 1987. At the August 29 lineup, she identified the defendant.

Joan testified that on August 22, 1987, she was a victim of home invasion and aggravated criminal sexual assault. She was the last person to view the August 29, 1987, lineup. She identified the defendant as her attacker.

We first address the defendant’s contention that the court erred in denying his motion to quash his warrantless arrest and suppress the lineup identification. The defendant first argues that on August 29, 1987, the officers did not have probable cause to arrest him.

Probable cause exists when the police possess enough evidence to lead a reasonable man to believe that a crime has been committed and that the defendant committed it. (People v. Neal (1985), 111 Ill. 2d 180, 489 N.E.2d 845.) The totality of the circumstances known to the police officers must be considered. (People v. Montgomery (1986), 112 Ill. 2d 517, 494 N.E.2d 475.) A reviewing court must not disturb the trial court’s finding on probable cause unless it is manifestly erroneous. People v. Reynolds (1983), 94 Ill. 2d 160, 445 N.E.2d 766.

Applying these principles, we conclude that the police had sufficient information to arrest the defendant. Between May 31 and August 22, 1987, three separate crimes involving home invasion and sexual assaults had been committed in the DePaul area. Four victims of these offenses had viewed various lineups in which the defendant was not a participant, and failed to identify the perpetrator. On August 25, 1987, one of the victims identified the defendant from a photo lineup. Considering the circumstances surrounding the crimes and the victim’s identification of the defendant, we believe that at the time the officers arrested the defendant, probable cause existed to believe that a crime was committed and that the defendant committed the crime. Therefore, the trial court’s finding of probable cause was not manifestly erroneous.

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Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 46, 240 Ill. App. 3d 754, 180 Ill. Dec. 924, 1992 Ill. App. LEXIS 1976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-houston-illappct-1992.