People v. Johnson

579 N.E.2d 978, 219 Ill. App. 3d 460, 162 Ill. Dec. 164, 1991 Ill. App. LEXIS 1549
Appellate Court of Illinois·Decided September 9, 1991·No. No. 1—88—0107·Published·Cited by 4 cases

Opinion

PRESIDING JUSTICE MANNING

delivered the opinion of the court:

Following a jury trial, defendant Alford Johnson was found guilty of attempted murder (Ill. Rev. Stat. 1987, ch. 38, pars. 8 — 4(a), 9 — 1(a)) and sentenced to an extended-term sentence of 55 years’ imprisonment. On appeal, defendant contends that this court should reverse and remand his conviction and raises the following issues: (1) whether the trial court’s denial of defendant’s tendered instruction on aggravated battery constitutes reversible error; (2) whether remarks made by the prosecutor during the rebuttal closing argument were so inflammatory and prejudicial as to deny defendant’s right to a fair and impartial trial; and (3) whether the trial court improperly allowed introduction of other crimes evidence.

We affirm.

Defendant originally was charged by indictment with unlawful use of a weapon by a felon, two counts of aggravated battery, armed violence and attempted murder. Prior to trial, the State decided not to prosecute any of the counts except the attempted murder count.

Faye Gibson testified that on February 8, 1987, between 10 p.m. and 10:30 p.m. in the vicinity of 64th and Sangamon she and her sister Sherry were walking down the street following a trip to the grocery store when she heard someone running behind her. Each of the sisters was carrying a bag of groceries, and as they stepped aside to allow the person to pass, the man said “Bitch, this is a stickup,” and stabbed Faye in the back with a knife. Faye fell to the ground and tried to block her face as she fought the assailant when he attempted to stab her in the face with the butcher knife. When Faye and Sherry began “hollering” for help, the assailant fled through the gangway. Although Faye was unable to identify the assailant’s face, later that evening after receiving medical attention at the hospital and four stitches for the wound to her back, she identified defendant at a police lineup from the clothing he was wearing, to wit: ski jacket, boots and pants. Faye also made an in-court identification of defendant.

Sherry Gibson testified similarly and stated that she saw defendant stab her sister in the back with a butcher knife. Sherry testified that at the time of the incident defendant wore beige boots, jeans and a blue jacket with fur on the hood. Later that evening, Sherry identified defendant as her assailant in a police lineup and identified him, the items of clothing and the knife used in the attack in open court.

Over defense objections, the State introduced evidence of another incident which occurred immediately prior to the attack on Faye Gibson. At trial, Lauren Adams testified that shortly before 10 p.m. on the evening in question, while she and Cynthia Ruff were walking in the vicinity of 64th and Peoria, they heard someone run toward them from behind and moved aside to let the person pass. The man, whom Lauren identified later that night while he sat in a police car and in open-court as the defendant, came to a halt between the two women, grabbed Cynthia by the face and said something that Lauren was unable to hear. During this time, Lauren observed that defendant “had on a blue coat with a fur hood and a plaid scarf pulled over his face. He had on some blue jeans and some light-colored boots, beige or something.” Lauren also noticed that defendant held a butcher knife in his hand. When Cynthia was able to free herself, she began to run west and defendant chased her about a half-block, then stopped, turned around and came toward Lauren. As he chased Lauren around a car, defendant repeated three times that he “was going to kill her.” As Lauren ran toward Cynthia with defendant in pursuit, they saw a little boy with a dog. Lauren stated that at this time defendant’s “scarf fell down off his face and [Lauren] noticed he had a large scar on his face.” Defendant then stopped chasing Lauren and “ran in the parking lot of that church.”

Cynthia testified similarly and related that after the incident, the women ran to a friend’s house and called the police, who arrived very quickly. Lauren and Cynthia gave the police a detailed description of the assailant, and within 5 or 10 minutes, the police returned and asked them to identify a man seated in the back of the squad car. Both women identified the defendant as their assailant that evening and in court. They also identified the knife and his clothing.

Officer Halloran testified that after arriving at the scene at 10:20 p.m. and speaking to Lauren and Cynthia, he toured the area and within minutes observed defendant as he walked down the street near 63rd and Morgan, a block away from the women. He saw defendant throw a large butcher knife on the ground before attempting to flee. Officer Halloran apprehended defendant and the knife, which was later inventoried and sent to the crime lab with other items belonging to defendant. The officer then placed defendant into the unmarked squad car and drove him to Cynthia and Lauren, both of whom identified him as their assailant. Defendant was then transported to the police station and placed in a lineup where Sherry Gibson identified him as her sister’s assailant. Officer Halloran also testified that the attack on the Gibson sisters took place near 63rd and Racine and the incident which involved Lauren and Cynthia occurred about 15 minutes earlier and “four to six blocks away,” near 64th and Peoria.

A serologist testified that she conducted tests on the blood found on defendant’s clothing and weapons and blood samples from defendant and Faye. Her examination of the knife recovered from defendant revealed only the presence of the type of blood that Faye had, such type being different from that of the defendant; but, her test results on defendant’s clothing were inconclusive. Defendant’s motion for a directed verdict was denied by the trial court.

During the defense, Anthony O’Banner testified that on the evening in question, he was at the defendant’s house with defendant, defendant’s girlfriend Gwen and his friend Dineen watching VCR movies on television. He stated that defendant was in the house between 9:30 p.m. and 10:30 p.m. and left around 10:30 p.m. Anthony recalled that A1 (defendant) had on a blue coat and blue jeans, but did not know where defendant was going when he left the house or whether he had a knife.

Gwendolyn McCollum (Gwen) testified that at the time of the incident defendant lived with her and their children at 1120 West 65th Street. That evening, she was hungry and asked defendant to get her a submarine sandwich from the shop at 63rd and Racine. Defendant said “okay,” and before he left the house, got his jacket and a “kitchen knife.” On cross-examination, Gwen stated that defendant put the knife in his jacket pocket. Gwen identified the boots, jacket, jeans and knife as the items that defendant had on him when he left home and also stated that she did not notice any bloodstains at that time. The defense rested.

Thereafter, the trial court held an instruction conference where defense counsel tendered a jury instruction, based upon Illinois Pattern Jury Instructions Nos. 11.07 and 11.09 on aggravated battery, which provides:

“A person commits the offense of aggravated battery when, in committing a battery, uses a deadly weapon [or] intentionally or knowingly causes great bodily harm to the person harmed.”

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People v. Johnson, 579 N.E.2d 978, 219 Ill. App. 3d 460, 162 Ill. Dec. 164, 1991 Ill. App. LEXIS 1549 (Ill. Ct. App. 1991).

579 N.E.2d 978 (People v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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