People v. Jackson

574 N.E.2d 719, 216 Ill. App. 3d 1, 158 Ill. Dec. 606, 1991 Ill. App. LEXIS 913
CourtAppellate Court of Illinois
DecidedMay 31, 1991
Docket1-88-1006
StatusPublished
Cited by16 cases

This text of 574 N.E.2d 719 (People v. Jackson) 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. Jackson, 574 N.E.2d 719, 216 Ill. App. 3d 1, 158 Ill. Dec. 606, 1991 Ill. App. LEXIS 913 (Ill. Ct. App. 1991).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant, Manning Jackson, was found guilty of residential burglary and of robbery. The court sentenced him to an extended term of 30 years for residential burglary, and a seven-year concurrent term for robbery. Defendant contends on appeal that the trial court erred in refusing to grant his trial-day request for a continuance; that the trial court’s failure to conduct a Batson hearing denied him the right to prove a prima facie case of racial discrimination; that the court erred in refusing to give an instruction to the jury that a defendant may waive his constitutional right to be present at trial; that the imposition of an extended sentence for residential burglary was improper; and that the sentence imposed was excessive.

The pertinent facts are as follows. The victim, Nathan Coleman, is afflicted with muscular dystrophy and a speech impediment. The victim shared an apartment with his uncle, Clark Minniefield, at 6401 South Woodlawn, Chicago. On December 1, 1986, the victim left home with defendant, Minniefield and another neighbor, Flossie Kirksey, to go to the currency exchange to pick up the victim’s monthly disability check. En route to the currency exchange, the defendant was dropped off at the elevated station at 63rd and University.

The victim testified that he cashed his disability check at the currency exchange and went grocery shopping. The victim kept $76 in cash from the proceeds of the check and gave the remainder to Minniefield. Minniefield then dropped the victim and Kirksey off at the apartment building. Kirksey returned to her own apartment.

The victim stated that his apartment door would not open when he inserted the key, but that the door did open with a gentle push. The victim immediately entered the washroom. Upon exiting the washroom, the victim heard a noise in the kitchen. The victim testified that the defendant came out from the kitchen toward him, knocked him down, and began hitting him on his chin and face. Defendant took the $76 from the victim’s shirt pocket. The victim could not get up, and defendant kicked him in the ribs several times. (The victim sustained a fractured rib.) Defendant took a videocassette recorder and put it into a gym bag before leaving the apartment. The victim heard voices in the hall and recognized the voice of his neighbor, Moses Bell. The victim called out for help, and Bell entered the apartment.

The victim testified that he became acquainted with defendant through the victim’s uncle, who also lived in the building. The victim testified that he had known defendant for only a few days and never had a conversation with him prior to this incident. The victim testified that he does not drink alcohol or use cocaine. Defendant had never been in his apartment before.

Moses Bell testified for the State that he entered the apartment and asked the victim what happened to him. The victim replied that “Manny got to me.” Bell wiped the blood from the victim’s face, and then went over to Kirksey’s apartment to call the police.

Chicago police officer Randall Robinson testified that he responded to a radio assignment that a robbery had occurred at 6104 Woodlawn. Robinson entered the victim’s apartment and found that it was disorderly; the bed was pushed out and a chair was overturned, and there was blood on the floor. The victim was confused and bleeding from his mouth.

The victim’s uncle, Clark Minniefield, testified for the defense that defendant had been present in his apartment with the victim several times, and that they all drank together. Minniefield stated that the victim drinks occasionally, in small amounts, but that he does not use cocaine. Minniefield testified that he owned the videocassette recorder stolen in the robbery.

Defendant testified that he has known the victim for approximately eight years and has been in his apartment several times. Defendant testified that on December 1, 1986, he and the victim arranged to meet back at the victim’s apartment to use defendant’s cocaine. After the victim picked up his check from the currency exchange, he was supposed to pay defendant for his portion of the cocaine. The victim did not want his uncle to know that he used cocaine.

Defendant further testified that he met the victim and Kirksey in the lobby of the apartment building after Minniefield dropped them off. The three of them rode up in the elevator together. Once inside the apartment, the victim explained that he did not have the money; that he had given all of his money to his uncle because his uncle did not want him to “drink up” or otherwise waste the money.

Defendant testified that the victim told him that he would give defendant the videocassette recorder in lieu of the money so that he could have the cocaine. Confusion ensued once defendant proceeded to disconnect the videocassette recorder. Defendant stated that as he attempted to put the videocassette recorder into a bag, they struggled over a knife. Defendant received a cut on his hand, and he was bleeding inside the apartment and his blood was on the victim. Defendant stated that he hit the victim and knocked him to the ground, and that he believed that he hurt the victim when he struck him. Defendant tried to help the victim, but the victim was screaming at him. Defendant then left the apartment with the recorder in a gym bag that previously contained the tools for the cocaine.

Defendant stated that he was aware of the victim’s disability and that the victim experienced difficulty walking. Prior to the date of the incident, the victim had paid for and used cocaine with defendant on three occasions. Defendant denied kicking the victim.

Flossie Kirksey testified for the defense that on December 1, 1986, defendant was dropped off at the elevated station. Kirksey accompanied the others to the currency exchange to pick up the victim's monthly disability check. Upon returning from the exchange, Kirksey and the victim returned to their respective apartments. Kirksey did not see defendant in the apartment building when she returned with the victim.

The jury rejected the testimony of defendant and accepted that of the victim and found defendant guilty of residential burglary in violation of section 19 — 3 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 19 — 3(a)), a Class 1 felony, and robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 1(a)), a Class 2 felony. Prior to sentencing, the trial judge allowed defendant the opportunity to explain the reason for his absence on the last day of trial. Defendant chose not to offer any explanation. Defendant had no prior convictions.

Kathleen Youngerman testified for the State at the hearing in aggravation and mitigation. She testified that on January 14, 1983, defendant attacked her in the washroom at her place of employment. She stated that defendant punched her in the eye, face, and head; kicked her; threw her to the ground and attempted to remove her pantyhose. As a result of the incident, she received approximately nine stitches in her upper lip, suffered an inner ear concussion, contusions, abrasions, and a hairline fracture above her nose.

Pursuant to section 5 — 5—3.2 of the Unified Code of Corrections (Ill. Rev. Stat. 1985, ch. 38, par.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 719, 216 Ill. App. 3d 1, 158 Ill. Dec. 606, 1991 Ill. App. LEXIS 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-illappct-1991.