People v. Howard

870 N.E.2d 959, 374 Ill. App. 3d 705, 312 Ill. Dec. 515, 2007 Ill. App. LEXIS 643
Appellate Court of Illinois·Decided June 15, 2007·No. 1-05-0917·Published·Cited by 15 cases

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Defendant, Jerome Howard, was convicted by a jury of first degree murder, predicated on felony home invasion, and was sentenced to 45 years in prison. He now appeals his conviction. We affirm.

BACKGROUND

On December 24, 2002, the decedent, James Saunders (Saunders), was shot and killed in his girlfriend’s town house after defendant entered with his two nephews and confronted Saunders. At the time, Saunders’ girlfriend, Sherita Pollard (Sherita), was married to defendant, but the two were estranged. Sherita lived in the town house with her two adult children, Lavita Govan (Lavita) and Alfonso Govan (Alfonso). Although defendant had lived with Sherita in the town house in the past, he no longer lived there and had never been listed on the lease. Nonetheless, defendant contends in this appeal that the town house was his dwelling because he was still married to Sherita and there was no court order barring him from entering. He therefore asserts that he was improperly convicted of home invasion because the State did not prove the necessary element that he entered the dwelling place “of another.”

The evidence adduced at trial showed that Sherita and defendant had dated for several years before their marriage. During that time, defendant had apparently lived with Sherita intermittently in different apartments. In 1998, before defendant and Sherita were married, he moved into Sherita’s town house. At the time, Sherita’s children, Lavita and Alfonso, were teenagers. Sherita, Lavita and Alfonso were the only persons listed on the town house lease. Defendant concedes that he was never on the lease. The town house rent was subsidized by the Chicago Housing Authority (CHA). Sherita paid the rent, gas, telephone, and electricity bills. Defendant testified that Sherita would not have gotten the same lease rate from CHA if it knew that he was living there and was employed.

At some point in 2001, defendant and Sherita ended their relationship. Sherita started dating Saunders. She reunited with defendant and they married on July 18, 2002. The couple separated two weeks later. Defendant moved out and took all of his personal belongings, except for his television, which was also Sherita’s property, and some of his weights. He left no clothing or personal items. Defendant testified that he still had a key and that he had continued to go to the apartment. Sherita, however, testified that she took her key back, that defendant was not permitted to have a key when he moved out, and she never saw him use a key to gain access to the town house. One of Sherita’s sisters testified that she dropped by the town house once, two weeks before the crime, and that defendant was present at the apartment. Sherita, however, was not present.

Saunders and Sherita started dating again after she and defendant parted ways. Saunders lived in the town house off and on during the month of December 2002. He was not named on the lease, but he kept clothing there.

Sherita testified that, on the day of the crime, defendant telephoned to ask whether the two of them could celebrate Christmas together. She told him no because she was involved with someone else. She did, however, ask defendant if he could bring some candy to Lavita, who was pregnant and craving candy. Defendant brought the candy. When he arrived at the town house, he rang the doorbell and Lavita opened the door, which was locked, to let him in. During this visit, defendant again asked Sherita whether they could celebrate Christmas together. She declined and told him she was involved with someone else. Sherita testified that defendant said, “I better not catch this nigger here, or you all not going to live to see Christmas” and she told him to leave. Sherita testified that later that day defendant called her 15 to 16 times; she answered three calls before turning the ringer off.

Saunders came over at around 11 p.m. smelling of alcohol and appearing as if he had been drinking. He asked Sherita why she had not answered her telephone, and she said it was because defendant kept calling her. Defendant called and Saunders answered. They had some words and Saunders would not let defendant talk to Sherita. Defendant called Sherita’s sister, Denise, and asked her to call with three-way calling so that defendant could get past Saunders to talk to Sherita. Although the testimony at trial was conflicting as to what exactly happened next, Denise apparently called two times. At some point, when Saunders answered the telephone, he said, “Suck my dick.” Also, at some point, when Saunders heard Denise’s voice, he gave Sherita the phone with Denise and defendant on the line. However, Sherita hung up on them.

Shortly after that, Denise showed up at the town house with her two adult children and another sister, Debbie. Denise wanted to either confront Saunders about what he said or see if Sherita was okay. In any event, Sherita, Saunders and Denise went up to Sherita’s second-floor bedroom to talk. The four adult children were downstairs.

The testimony here diverges somewhat, but there was a commotion at the front door — Sherita and Lavita heard loud banging noises coming from the front door. Defendant entered with his two nephews. The three men barged past Sherita’s children — Alfonso and Lavita. Defendant had no gun, but the nephews did. After going up the first flight of stairs to the first floor, the three men went up a second flight of stairs to Sherita’s bedroom. Sherita and her sister, Denise, were trying to block the door. The men were shouting to open the door, and one of defendant’s nephews yelled, “Bitch, if you do not open this door, I’ll blow your brains out.” Sherita opened the door and they entered. The two nephews had guns. Defendant ran right up to Saunders and confronted him. Saunders pulled out a gun from his waistband and held it to defendant’s head. Although defendant was shouting at him, Saunders was looking in the direction of the two nephews. A struggle ensued, and Saunders was shot dead.

Everybody ran out of the house. Sherita, her two sisters and the four adult children apparently all got in Denise’s car and drove the two blocks to the mother’s house. Defendant arrived there and was told to leave.

Defendant was subsequently convicted of home invasion and felony murder, predicated on home invasion. The jury did not return any verdict on a third charge of knowing and intentional first degree murder.

ANALYSIS

Defendant first argues that the prosecution did not prove an essential element of home invasion, an unauthorized entry. Defendant’s argument in this appeal is that, despite what the evidence showed, the State did not prove home invasion because it could not prove he entered the dwelling place of another.

We first note that the parties disagree on the standard of review. Generally, the question on review in sufficiency of the evidence claims is whether, viewing the evidence in the light most favorable to the. prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. People v. Smith, 185 Ill. 2d 532, 541, 708 N.E.2d 365, 369 (1999).

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People v. Howard, 870 N.E.2d 959, 374 Ill. App. 3d 705, 312 Ill. Dec. 515, 2007 Ill. App. LEXIS 643 (Ill. Ct. App. 2007).

870 N.E.2d 959 (People v. Howard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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