People v. King

892 N.E.2d 1196, 384 Ill. App. 3d 601, 323 Ill. Dec. 204, 2008 Ill. App. LEXIS 748
Appellate Court of Illinois·Decided July 25, 2008·No. 2-06-0683·Published·Cited by 8 cases

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant Ernest King appeals from his convictions of two counts of robbery (720 ILCS 5/18 — 1 (West 2004)), one count of aggravated battery (720 ILCS 5/12 — 3 (West 2004)), and one count of residential burglary (720 ILCS 5/19 — 3 (West 2004)) against three different victims. On appeal, defendant argues that the trial court erred in refusing to try his offenses separately, that the State improperly elicited testimony regarding his decision to invoke his constitutional right to silence in the face of police questioning, and that the trial court erred in ruling that three of his four 10-year sentences should run consecutively. For the reasons that follow, we affirm.

Officer Richard DeVlieger of the Rockford police department was the first witness for the State at defendant’s April 19 and April 20, 2006, jury trial. He testified that, at approximately 9:45 p.m. on May 11, 2005, he traveled to a residence near West Riverside and Rockton Avenue to respond to a security alarm that had been triggered. When DeVlieger arrived, he saw Sharon Provenzano, who had “some scratches” on her hand and was “shaken, upset.” Prior to the incident that led to her injuries, she had seen a silver sedan in the area. She gave DeVlieger a description of the suspect in connection with the incident.

Sharon Provenzano testified that, on the night of May 11, 2005, she arrived home between 9:30 and 9:45 p.m. After she pulled her car into her garage, she heard her house alarm, so she took her cellular telephone and her purse out of her car and attempted to contact her alarm company to insure that police were coming to investigate the problem. As she was dialing, she saw a “lighter colored” car pass her house, turn around, and come back toward her house. Before she could finish dialing, “all of a sudden someone came around the side *** of [her] house *** and threw [her] to the ground.” Her assailant took her purse and telephone as she was being knocked down. When shown her telephone records, Provenzano did not recognize any of the telephone numbers that were called shortly after her telephone was taken. Those telephone calls included one call placed at 9:52 p.m. to a number later associated with a girl named Ashley Smart.

Officer Eric McLain testified that he was dispatched to a residence “about eight blocks to the north of the intersection, of Kilburn and Auburn Street” at 10:32 p.m. on May 31, 2005. At the residence, he spoke with Datie Parker, who had a slight injury on her arm and was “upset.” She gave McLain a description of a man who had taken her purse.

Datie Parker testified that, on the night of May 31, 2005, she returned home between 9:30 and 10:30 p.m. After she parked her car, she got out and opened the door to the backseat in order to retrieve some items she had placed there. As she opened the door, she “felt a tug” on her purse. Her assailant “pulled [her purse] to the point of bruising [her],” until it fell to the ground and he picked it up. Parker’s cellular telephone was in her purse, and she testified that she did not recognize the numbers (or associated names) of people called with her telephone after her purse was stolen. Those calls included a call at 10:17 p.m. to a telephone number later associated with Ashley Smart.

Officer Jonathan Deutsch of the Rockford police department testified that he was dispatched to a location near Church and Halsted Streets in Rockford at approximately 11:25 p.m. on June 3, 2005, to respond to an “ ‘in progress’ call of a home invasion.” When he arrived, he spoke with Kathleen Appino, who furnished a description of the intruder.

Kathleen Appino testified that, just after she and her husband arrived home at approximately 11 p.m. on June 3, 2005, she looked out the door of their house and saw a “strange car” parked across the street. She then heard a “movement” coming from behind her, and, when she turned around, an intruder attacked her. They struggled until Appino’s husband heard them from inside the home and rushed out to the garage; at that point, the assailant fled to a white vehicle, which drove away. Appino and her husband then noticed that her purse, as well as some other personal items, were missing. Appino testified that she did not make any of the calls that were made after the incident via the couple’s cellular telephone. The calls that were placed via her telephone included a call placed at 11:24 p.m. to a number later associated with a girl named LaCreacia Simmons. Sometime after her attack, police showed Appino a photographic lineup, and she narrowed the lineup down to two pictures before settling on a picture of defendant and indicating that she was “[pjretty sure,” but “not a hundred percent” certain, that the picture depicted her attacker.

Detective Jason Bailey testified that he was assigned to investigate the above robberies, and he obtained the phone records for the cellular telephones of the victims. When he reviewed the phone records, he saw that there were four telephone numbers that had been dialed “frequently through *** all three phone records.” He then interviewed the people to whom the calls had been placed, and the information he gained led him to defendant. Bailey brought defendant to the police station for an interview, and, after defendant waived his right to remain silent pursuant to Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966), Bailey and another detective began asking defendant questions. Defendant initially denied any knowledge of the robberies, but, when confronted with the telephone evidence police had amassed, defendant eventually told Bailey, “ ‘So I had the phones. That doesn’t mean I robbed anybody.’ ” Bailey described what happened at that point in the interview:

“I asked him *** to explain to me how he got the phones ***. And he sat silent. I offered him the opportunity to explain *** who else would have been making these phone calls. And he sat silent. Through a little further questioning he eventually asked that we end the interview which we did.”

Ashley Smart, whose telephone number matched a number called from all three victims’ telephones after the phones were stolen, testified that defendant had called her “[t]hree or four times” “[a]t night.” She further testified that she did not know any of the victims. Caralyn Simmons testified that defendant called her “[a] couple times a day” in May and June 2005, and the telephone number for her house at that time matched one of the telephone numbers called using the victims’ telephones. On cross-examination, she indicated that defendant would call her from his own telephone. LaCreacia Simmons testified that defendant called her during the relevant time period from two different telephones, and her telephone number also matched one of the frequently dialed numbers Bailey identified during his testimony. Tikila Jackson, who also had a telephone number that matched one of the frequently called numbers, testified that defendant called her “[e]very day” during the relevant time period. Jackson recalled that defendant called her from “[a] lot” of different phone numbers.

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

People v. King, 892 N.E.2d 1196, 384 Ill. App. 3d 601, 323 Ill. Dec. 204, 2008 Ill. App. LEXIS 748 (Ill. Ct. App. 2008).

892 N.E.2d 1196 (People v. King) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Plote
2026 IL App (4th) 241092-U (Appellate Court of Illinois, 2026)
State v. Melendez
535 P.3d 16 (Court of Appeals of Arizona, 2023)
People v. Wallace
2021 IL App (1st) 191089-U (Appellate Court of Illinois, 2021)
People v. Buckner
2013 IL App (2d) 130083 (Appellate Court of Illinois, 2013)
People v. Couch
Appellate Court of Illinois, 2008
People v. Walston
900 N.E.2d 267 (Appellate Court of Illinois, 2008)