People v. Jones

606 N.E.2d 1145, 153 Ill. 2d 155, 180 Ill. Dec. 68, 1992 Ill. LEXIS 176
Illinois Supreme Court·Decided November 19, 1992·No. 72798·Published·Cited by 80 cases

Opinion

JUSTICE HEIPLE

delivered the opinion of the court:

A jury found defendant, Ronald Jones, guilty of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2(a)) and aggravated unlawful restraint (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 3.1). The court sentenced the 16-year-old defendant as an adult to a term of 7% years’ imprisonment for armed robbery. Also, at the sentencing hearing, the court vacated the judgment of conviction for unlawful restraint but let the finding of the jury stand.

On appeal, the appellate court reversed the remaining armed robbery conviction, finding three reversible errors at trial; specifically, that the trial court improperly admitted hearsay identification testimony by two police officers; that it improperly admitted the victim’s testimony about a prior lineup; and that the State violated Supreme Court Rule 412 when it failed to disclose the name of an identifying witness. 219 Ill. App. 3d 795.

The State petitioned this court for leave to appeal (134 Ill. 2d R. 315), which was granted. The defendant requests cross-relief in the form of a new sentencing hearing in the event we reinstate his conviction.

Vivian Wallace testified at the defendant’s trial that on the evening of July 5, 1986, she was entering her car on the passenger’s side when a man came up to the car with a gun drawn. He told her to open the door or he would blow her brains out. He entered the car on the driver’s side, and a second armed man, later identified as the defendant, entered the back of the car. She was able to see both men.

Both men held their guns to Wallace’s head, and the defendant demanded her purse. She turned around to hand it to defendant, and again saw his face before the driver told her to face forward. The defendant rummaged through her purse and the driver started the car and drove to an alley. After they stopped, the defendant demanded Wallace’s gold earrings, rings and necklace. Both men still had their guns aimed at her head. Defendant then got out of the back seat and sat in front, where Wallace again saw his face. The two men ordered her out of the car and told her not to turn around or she would be shot. The men then drove away, and Wallace telephoned the police.

Wallace also testified that she viewed more than one lineup. She made no identification in the first lineup, and identified defendant in the second lineup.

Officer Paul Phillips testified that two nights later, on July 7, he and his partner received a report of a car stripping in progress. They drove to the scene and found two men stripping the victim’s car. Phillips was about five feet away from one of the men and stood face to face with him for a second or two. The man then ran off and Phillips gave chase, but he was unable to catch him. His partner apprehended the other man, Frederick Colvin. Phillips identified the defendant as the man he chased, over defense objections that the State had not disclosed Phillips’ name as an identification witness despite a discovery request to do so.

Detective Anthony Maslanka testified to his investigation of Wallace’s armed robbery, and through this testimony it was clear that he learned the defendant’s name after speaking with Fred Colvin. Similar statements were also made by Officer Phillips.

The first reversible error found by the appellate court was the testimony offered by Maslanka and Phillips concerning their discussions with Fred Colvin. The court felt that, although neither specifically articulated that Colvin gave them the defendant’s name, the testimony as a whole made it clear that Colvin was the source of this information. The appellate court ruled that their testimony showed more than the investigatory steps taken by the witnesses; it showed the substance of what Colvin said. This, therefore, was hearsay. The court found that the hearsay’s effect was exacerbated by comments made during the prosecutor’s opening statement and closing arguments, and concluded that it amounted to reversible error. We disagree.

It is undisputed that an officer may testify to his investigatory procedures, including the existence of conversations, without violating the hearsay rule. This is true even if a logical inference may be drawn that the officer took subsequent steps as a result of the substance of that conversation. People v. Gacho (1988), 122 Ill. 2d 221.

The defendant argues that the testimony in this case exceeds that allowed by Gacho, since Phillips and Maslanka testified to the substance of Colvin’s statements. Gacho stated that, “[h]ad the substance of the conversation *** been testified to, it would have been objectionable as hearsay.” (Gacho, 122 Ill. 2d at 248.) However, this language is not applicable to the facts of this case.

In Gacho, the defendant was convicted of murder, aggravated kidnapping, and armed robbery, and was sentenced to death. The defendant challenged the sufficiency of his trial, inter alia, because of alleged hearsay in a police officer’s testimony and improper references to this testimony during closing argument. This occurred when the officer, while detailing his investigation, testified to a conversation he had with the surviving victim in which the victim identified the defendant as the perpetrator of the crime.

This is the dispositive factual difference between Gacho and the instant case. In Gacho, the substance of the conversation would have gone to the very essence of the dispute: whether the defendant was the man who committed the crime. Thus, if the substance of the conversation came into evidence it would inevitably go to prove the matter asserted.

The substance of the conversations with Colvin, on the other hand, could in no way go to prove any matter relevant to the trial. If offered to prove the matter asserted, the testimony would show that the defendant was involved in the car stripping, or at least present at the scene. This provides nothing to the State to help prove the defendant’s guilt in the armed robbery. Rather, this simply showed the jury how the officer and the detective came to suspect the defendant.

Further, this event was entirely relevant to the trial. Before their investigation, Phillips and Maslanka did not know who committed the armed robbery. Eventually, they suspected the defendant. Somewhere along the line, they had to learn of him. Any chronological retelling of the events is going to have to include the point in time when the defendant became a suspect. The testimony elicited by the prosecutor did nothing more than that. To label this hearsay is to demonstrate a fundamental misunderstanding of the hearsay doctrine.

We therefore also reject Jones’ argument that the comments during the State’s opening statement and closing argument require a new trial. Since the testimony itself was perfectly acceptable, there was no error when the prosecutor referred to it during the opening and closing comments.

Finally, Jones argues that there were several attempts to get hearsay admitted that were objected to and sustained. Defendant argues that, although the objections were sustained, the questions had the effect of exposing the jury to hearsay. This contention is without merit.

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People v. Jones, 606 N.E.2d 1145, 153 Ill. 2d 155, 180 Ill. Dec. 68, 1992 Ill. LEXIS 176 (Ill. 1992).

606 N.E.2d 1145 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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