People v. King

593 N.E.2d 694, 228 Ill. App. 3d 519, 170 Ill. Dec. 805, 1992 Ill. App. LEXIS 614
CourtAppellate Court of Illinois
DecidedApril 20, 1992
Docket1-88-3467
StatusPublished
Cited by4 cases

This text of 593 N.E.2d 694 (People v. King) 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. King, 593 N.E.2d 694, 228 Ill. App. 3d 519, 170 Ill. Dec. 805, 1992 Ill. App. LEXIS 614 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

Defendant Arthur King, along with Dwayne Cheers, was charged with armed robbery. The cases were severed. Dwayne Cheers pled guilty after agreeing with the State to a plea bargain. After a jury trial, defendant was found guilty of armed robbery and sentenced to 12 years’ imprisonment.

At defendant’s trial, Gwendolyn Harris testified that on the evening of September 20, 1987, she was wearing eight silver chains, seven silver rings and one gold ring. As Harris approached the building at 511 East Browning, she saw a short male dressed in blue and a taller male with braided hair, dressed in a white jacket and white hat. Harris entered the building, went to the second floor and purchased some marijuana. When Harris came down the stairs, she was confronted by the short male, who asked whether there was marijuana for sale on the second floor. Harris responded that there was. The tall male, whom Harris identified in a lineup and in court as defendant, was blocking the exit. Harris testified that defendant pointed a gun at her and said, “Bitch, don’t say a word before I shoot you.” Defendant began to remove Harris’ jewelry, while the short male, whom Harris identified as Cheers, rummaged through her purse. Defendant removed two chains from Harris’ neck, and Harris removed the remaining six. Harris also removed her rings and handed them to defendant. Defendant ordered Cheers to search Harris. Cheers searched Harris’ pockets and bra. Cheers removed $50 and two bags of marijuana. Defendant then ordered Cheers to “go get the car.”

After collecting her belongings, Harris went to the back of the hallway, where she overheard one of the men say, “I told you that was the bitch to get.” Harris testified that the hallway where she was robbed was lit and she saw the faces of the two men. Harris went to the Lake Meadow Shopping Center and told a security guard what had happened. After the police arrived, Harris gave them a description of the men and drove around the area with them in an attempt to find them.

On October 1, 1987, Harris contacted Detective Edward Kevin. Harris informed Kevin that her friend, a woman named Mary Porter, who lived at 511 East Browning, apartment 404, was wearing her stolen jewelry. Harris also told Kevin that Porter had a boyfriend called “Coon.” On October 3, Kevin along with Detectives Haviat, Grady and O’Connell went to the apartment. Kevin identified himself as a police officer, and a man opened the door. The man told Kevin his name was Coon. Kevin identified defendant in court as the man who opened the door and claimed to be Coon. Defendant allowed the officers into the apartment. The officers placed defendant under arrest. Kevin informed Porter that it was reported that she was seen wearing the stolen jewelry. Porter gave Kevin a plastic container in which there were various pieces of jewelry. The jewelry matched the description of the stolen jewelry.

On October 3 and 4, Harris went to the police station and viewed two separate lineups. Harris identified defendant during the October 4 lineup and Cheers at the October 3 lineup. Harris also identified various pieces of jewelry as being her property.

Kevin was also called to testify on behalf of defendant to discrepancies in Harris’ testimony. Kevin testified that Harris had told him that it was Cheers that blocked the exit, not defendant. Additionally, Harris originally told Kevin that she removed the first two chains herself and that defendant removed the rest of the chains.

Next, Porter testified that the police searched for the stolen jewelry while they were in her apartment. Porter testified that she purchased the jewelry for $10 from Cheers the previous day. Porter denied telling Kevin that on September 20, 1987, defendant and Cheers came to her apartment with the silver chains and rings, which they examined on the kitchen table. Porter further denied telling Kevin that some of the jewelry was still in the apartment. Porter testified that she visited defendant numerous times in jail, while he was awaiting trial, and that she did not want anything to happen to him.

Defendant attempted to call Cheers as a witness on his behalf. Before trial, Cheers pled guilty to armed robbery in exchange for an eight-year sentence to the Illinois State penitentiary. At the time that Cheers entered his plea, the State read certain facts into the record. A pertinent part of the facts read into the record was that Harris “would testify that the defendant Cheers blocked her path and began to talk to her, which time a codefendant, Arthur King, approached from the rear, placed the revolver against her right temple which time Dwayne Cheers began to physically search Miss Harris’ person.” Cheers’ attorney stipulated to the above facts. After the stipulation, the State commented that defendant’s case had yet to be resolved, and that “[i]n regard to Mr. Cheers, albeit that there’s been no amendment to the defendant’s answer regarding defendant Cheers being called on behalf of him — .” The trial judge entered judgment on the conviction, but withheld sentencing at the request of the State. The judge explained to Cheers that withholding sentencing was “just a tactical move.” Cheers responded to the court, “Yes, sir, but that would make me, me and Arthur King, we ain’t connected with nothing.” The court responded, “Well, I understand that, but I just want to, so that the State doesn’t have that fear.”

During defendant’s trial, but prior to Cheers’ sentencing, defendant attempted to call Cheers as a witness on his behalf. Before Cheers could testify, Mr. Helis, Cheers’ attorney, represented to the court that he had advised his client not to talk with the prosecution or defendant’s attorney and not to testify at defendant’s trial. The record contains the following:

“MR. HELIS [Cheers’ attorney]: Judge, I advised Mr. Cheers that he does have a Fifth Amendment right against self-incrimination. I have advised him that he does not have to testify in this matter, if he does not wish to. I have also advised him that he does have the right to testify, if he wishes to.
I further advised him, Judge, that if he does choose to testify, there are possibly elements in his testimony which maybe [sic] used by the State or by the Court in considering what the appropriate sentence would be. And that that sentence, based on his testimony in this matter maybe [sic] something other than the 8 [sic] years offered in the pretrial conference.
THE COURT: All right. *** Do you understand that.
MR. CHEERS: Yes.
THE COURT: When you [Cheers] entered a plea of guilty, the state [sic] read certain facts into the record. And your attorney agreed, at that time, that those facts would be the facts that would be the facts that would take place at any trial.
And among those facts, as I remember and my notes indicate, is that when you committed this offense for which you entered a plea of guilty, you committed it with Mr. Cheers — Mr. King.
MR. CHEERS: No.
THE COURT: Okay. Wait a second.

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

Related

People v. Radovick
656 N.E.2d 235 (Appellate Court of Illinois, 1995)
People v. Mancilla
620 N.E.2d 1163 (Appellate Court of Illinois, 1993)
People v. King
608 N.E.2d 877 (Illinois Supreme Court, 1993)
People v. Blalock
607 N.E.2d 645 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
593 N.E.2d 694, 228 Ill. App. 3d 519, 170 Ill. Dec. 805, 1992 Ill. App. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-king-illappct-1992.