People v. Hughes

632 N.E.2d 251, 259 Ill. App. 3d 172, 198 Ill. Dec. 192, 1994 Ill. App. LEXIS 468
CourtAppellate Court of Illinois
DecidedMarch 30, 1994
Docket1-92-1957
StatusPublished
Cited by31 cases

This text of 632 N.E.2d 251 (People v. Hughes) 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. Hughes, 632 N.E.2d 251, 259 Ill. App. 3d 172, 198 Ill. Dec. 192, 1994 Ill. App. LEXIS 468 (Ill. Ct. App. 1994).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a bench trial, defendant, Edward Hughes, was found guilty of two counts of armed robbery (111. Rev. Stat. 1991, ch. 38, par. 18 — 2 (now codified as 720 ILCS 5/18 — 2) (West 1992)) and sentenced to 15 years’ imprisonment. On appeal, defendant asserts that (1) he was deprived of his due process rights because the out-of-court identification was a suggestive one-person showup; (2) he was not proven guilty beyond a reasonable doubt; (3) he was deprived of a fair trial by the testimony regarding a police flash message containing the offender’s description; (4) the trial court erred in finding him guilty of two counts of armed robbery where there was only one taking; and (5) his sentence was excessive. Based on the following reasons, we affirm.

Prior to trial, defendant filed a motion to suppress identifications. At a hearing on the motion, Chicago police officer Eugene Kostka testified that he responded to a call of an armed robbery in progress at 1150 West 69th Street, Chicago, at 2:27 p.m. on August 19, 1991. He was present when the victims gave the offender’s description and another police officer broadcast that description over the police radio.

Chicago police officer Carter Stall testified that he received a radio message of a robbery in progress at 1150 West 69th Street at 2:25 p.m. Four or five minutes later, he received a description of the offender as "a male black, about 5’6”, 150 pounds, wearing a green shirt and a black cap, with two other males.” Officer Stall toured the area for 10 to 15 minutes until he saw defendant, who matched the description.

Defendant was leaving 6700 Green Street, which is six to seven blocks from where the armed robbery occurred. Officer Stall escorted defendant, who was not handcuffed, back to the crime scene. As soon as they entered the store, at about 2:44 p.m., two of the victims looked at defendant, pointed to him, and said, "[T]hat’s him.”

According to Officer Stall, no one told the witnesses that they had to identify defendant, had to identify anyone, or that someone was coming in for them to look at. Prior to identifying defendant as the offender, the witnesses did not talk amongst themselves.

Officer Stall went back to the area of 6700 South Green Street to conduct a search, but he was unable to find any weapons or proceeds from the robbery. In addition, he never found the other two offenders who had been described in the flash message.

The trial court denied defendant’s motion after finding that there was no evidence of suggestiveness or improper procedures used.

At trial, Nadir Abdul Salan testified that he was working at Racine’s Food and Liquor Store at 1150 West 69th Street on August 19, 1991. Also in the store were an outside salesperson, an employee, Bennie Westbrook, Westbrook’s girl friend, Debbie Hudson, and Salan’s brother, Yaser, who was in the basement taking inventory.

Salan described the front entrance as being an outer door and an inner door that are 10 feet apart. Around 2:25 p.m., Salan was at the front door giving the salesperson an order. A man later identified as defendant ran through the outer front door, which was six feet from Salan. He had a gun in his right hand and was wearing a blue shirt, blue jeans, and a black Raider’s hat.

Salan stated that defendant entered the store, fired a shot at the ceiling, and told everyone to get on the ground. Although Salan and the salesperson got on the floor, Salan testified that he clearly saw defendant’s face from three feet away. Westbrook, who was sitting on the counter, jumped behind the counter and got on the floor.

Defendant then pointed the gun at Salan’s head and told him to give him the money he had in his pocket. When Salan responded, "I don’t think you trust me to go into my pocket,” defendant told him to "shut up.” According to Salan, he was looking up at defendant’s face as he lay on the floor.

At that point, two other men entered the store, stepped over Salan, and went behind the counter. While the two men were behind the counter, defendant stood over Salan with the gun pointed at Salan’s head. Salan saw one of the men go to the cash register and open it. Then, the two men left the store while carrying a brown paper bag containing $2,800. Salan testified that defendant was in the store for about three minutes.

After defendant left, Salan got up and went outside. He saw defendant and the other two men 20 feet away walking east on 69th Street. Defendant turned around and pointed the gun at Salan, who saw defendant’s face for a second. Salan jumped back inside the store when defendant shot the gun twice at him.

The police arrived two to three minutes later. Salan gave them a description of the offender. Besides the $2,800 in cash, Salan determined that five pint bottles of Bacardi rum were also missing.

About 15 minutes later, the police brought defendant into the store. He was wearing the same clothing as during the robbery, but also was wearing a wet, black coat. Salan immediately identified defendant as the offender.

Bennie Westbrook testified that he was working at the store on August 19, 1991. He was sitting in front of the counter at 2:25 p.m. when a man, later identified as defendant, ran into the store. When defendant entered, he was 10 feet from Bennie, who could see his face. Westbrook described defendant as wearing a green shirt, blue jeans, and a Raider’s hat.

According to Westbrook, defendant shot a black Beretta gun once into the air as he entered. Westbrook jumped behind the counter and got on the floor. Hudson was also on the floor behind the counter. A different man came behind the counter. The man began fumbling around under the counter, then took some liquor off the shelf. West-brook noticed that the man was carrying a brown paper bag when he left the store.

Once the men left, Westbrook got up and Hudson called the police. About 10 minutes later, the police brought defendant into the store and Westbrook identified him as the offender.

Defendant testified that he was staying with his aunt at 6700 South Green Street on August 19, 1991. According to defendant, he was home with his aunt and two friends the entire day. When the police stopped him at 2:25 p.m. outside his aunt’s house, he was wearing a red and black Bulls hat, black pants, a Saint’s jacket, and a dark blue shirt under a wet coat. Defendant stated that he was never in the store that was robbed and denied holding, pointing, or firing a gun inside the store.

The trial court found defendant guilty of two counts of armed robbery. Defendant’s motion for a new trial was denied, and the trial court sentenced him to 15 years’ imprisonment for each count, to run concurrently.

On appeal, defendant asserts that his motion to suppress identifications should have been granted because the use of the one-person showup was a violation of his due process rights.

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Bluebook (online)
632 N.E.2d 251, 259 Ill. App. 3d 172, 198 Ill. Dec. 192, 1994 Ill. App. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hughes-illappct-1994.