People v. Jones

583 N.E.2d 623, 222 Ill. App. 3d 206, 164 Ill. Dec. 707, 1991 Ill. App. LEXIS 2244
Appellate Court of Illinois·Decided December 5, 1991·No. No. 4—91—0442·Published·Cited by 5 cases

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

On November 14, 1990, defendant, 23-year-old Raymond E. Jones, Jr., was charged with public indecency. It was alleged he was 17 years old or older and he knowingly exposed his penis in a public place and in a lewd manner -with the intent to arouse his sexual desires. (Ill. Rev. Stat. 1989, ch. 38, par. 11 — 9(a)(2).) After a jury trial in Macoupin County circuit court on February 25, 1991, defendant was convicted of the public indecency charge. He appeals, arguing the court abused its discretion by denying his request for a mistrial because a police officer’s testimony which alluded to his previous police contacts prejudiced the jury. We disagree and affirm.

At defendant’s trial, the 20-year-old female victim of defendant’s alleged public indecency testified she was the only person in a Carlin-ville laundromat on November 12, 1990. She was a college student at Blackburn College in Carlinville and had gone there to do laundry at approximately 5 p.m. Defendant entered the laundromat and went into the rest room. According to the victim, approximately 10 minutes later, defendant exited the rest room, stood directly in front of her only two feet away, removed his penis from his sweatpants and began to masturbate. He was wearing blue sweatpants, a red and black flannel shirt, and white tennis shoes. Defendant’s hair was short and spiked on top and long and curly on the sides. The victim rushed out of the laundromat and immediately reported the incident to Carlinville police. She testified the laundromat was well lit by long fluorescent bulbs. She had identified defendant as the perpetrator from a photo array and when he was brought to the police station for questioning about the incident. She testified defendant wore the same clothes the day he was questioned that he wore the day he publicly exposed himself.

The State’s next witness was Carlinville police officer Bradley Vance, who investigated the victim’s complaint and interviewed defendant. Officer Vance testified defendant was 23 years old and was born August 11, 1967. He explained he knew this from “information from the PD.” Defense counsel objected and requested a mistrial, arguing the jury could be prejudiced by the suggestion defendant had previous police contacts. The trial judge sustained defendant’s objection, but denied the motion for a mistrial. Officer Vance then testified defendant told him he was 23 years old when he interviewed defendant. Officer Vance also testified the victim identified defendant as the perpetrator from a photo array and later identified him at the police station.

Defendant called three witnesses who testified that on November 12, 1990, the date of the alleged public indecency, defendant was at his parents’ home, where he lived. These witnesses also testified defendant did not leave home to go to the IGA store any time during that evening. They each recalled defendant returned home from work around 4:30 p.m. Defendant’s mother testified she remembered defendant was home that night because he made dinner with his wife. She remembered this because she usually made dinner for the family, but could not because she was home ill all day. Defendant’s wife also stated defendant was home the entire evening. However, she testified defendant’s mother returned from work that day around 6 p.m. Defendant’s father also testified defendant was home the night in question.

Each of defendant’s witnesses testified defendant owned blue sweatpants, but defendant’s father testified the pants were light, and not dark blue. Defendant’s father and mother testified defendant could not have been wearing a red and black flannel shirt on November 12 because on that day defendant did not own, or have access to, such a flannel shirt. His father loaned him a red and black flannel shirt to wear to work, but not until November 14. Officer Vance testified defendant was brought in for questioning about the incident on November 13, 1990, and was then photographed wearing a red and black flannel shirt, white tennis shoes, and blue sweatpants. Defendant’s mother testified he was not brought in for questioning until November 14.

Although defendant’s three witnesses each testified defendant did not leave the home between 6 p.m. and 6:30 p.m. on November 12, the State introduced rebuttal testimony by 23-year-old Paul Rutter, who had attended school with defendant since grade school. Paul testified he saw defendant, a woman, and a child at Harmon’s IGA in Carlinville between 6 p.m. and 6:30 p.m. According to Paul, defendant was wearing the same attire the victim described the perpetrator as wearing shortly after 5 p.m. on the same day. After viewing the photo taken of defendant by the police, Paul stated this was the same clothing defendant was wearing at IGA. Defendant was wearing a red and black flannel shirt, white tennis shoes, and blue sweatpants.

The jury found defendant guilty of public indecency. (Ill. Rev. Stat. 1989, ch. 38, par. 11 — 9(a)(2).) Defendant filed a motion in arrest of judgment. The court denied defendant’s motion and sentenced him to serve 364 days in the Macoupin County jail.

Defendant argues the trial court abused its discretion in denying his motion for a mistrial. He contends Officer Vance’s statement that he knew defendant’s age because the “PD” had that information prejudiced him by informing jurors he had previous police contacts.

The State initially argues defendant waived this issue by not raising it in a post-trial motion. It also argues no plain error occurred because Officer Vance’s testimony was probative of a fact in issue and because the court struck the testimony about which defendant complains.

To preserve an issue for appeal defendant must object at trial and in a post-trial motion. (People v. Enoch (1988), 122 Ill. 2d 176, 186, 522 N.E.2d 1124, 1130, cert, denied (1988), 488 U.S. 917, 102 L. Ed. 2d 263, 109 S. Ct. 274; People v. McCarthy (1991), 213 Ill. App. 3d 873, 884, 572 N.E.2d 1219, 1226.) Defendant did not file a post-trial motion for a new trial pursuant to section 116 — 1 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1989, ch. 38, par. 116 — 1). Instead, he filed a motion in arrest of judgment (Ill. Rev. Stat. 1989, ch. 38, par. 116 — 2), which the State correctly notes is limited to raising the issue that no offense was correctly alleged in the indictment, information, or complaint, or to argue the court lacked jurisdiction to hear the case. In People v. Irwin (1965), 32 Ill. 2d 441, 207 N.E.2d 76, the Illinois Supreme Court found defendant waived objecting to an improperly admitted confession, improper cross-examination, and prejudicial argument because he raised these objections in a motion in arrest of judgment rather than a motion for a new trial. (Irwin, 32 Ill. 2d at 445, 207 N.E.2d at 79.) Moreover, defendant waived the issue because he did not raise his objection in a post-trial motion for a new trial.

The State is also correct no plain error arose from the court’s denial of defendant’s request for a mistrial. Plain error arises only when the evidence is closely balanced or the error is so grave defendant was denied a fair proceeding. People v.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Jones, 583 N.E.2d 623, 222 Ill. App. 3d 206, 164 Ill. Dec. 707, 1991 Ill. App. LEXIS 2244 (Ill. Ct. App. 1991).

583 N.E.2d 623 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Mathis
2022 IL App (1st) 211027-U (Appellate Court of Illinois, 2022)
People v. Morson
2020 IL App (2d) 180899-U (Appellate Court of Illinois, 2020)
People v. Pursley
Appellate Court of Illinois, 1996
People v. Taylor
612 N.E.2d 943 (Appellate Court of Illinois, 1993)