People v. Laboy

592 N.E.2d 179, 227 Ill. App. 3d 654, 169 Ill. Dec. 692, 1992 Ill. App. LEXIS 398
CourtAppellate Court of Illinois
DecidedMarch 20, 1992
Docket1-89-1172
StatusPublished
Cited by8 cases

This text of 592 N.E.2d 179 (People v. Laboy) 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. Laboy, 592 N.E.2d 179, 227 Ill. App. 3d 654, 169 Ill. Dec. 692, 1992 Ill. App. LEXIS 398 (Ill. Ct. App. 1992).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

Defendant, Placido Laboy (Laboy), was charged by indictment with the offenses of armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2(a)) and attempted aggravated criminal sexual assault (Ill. Rev. Stat. 1987, ch. 38, pars. 8 — 4, 12 — 14(a)(1)). After a jury trial Laboy was found guilty of both offenses. Thereafter, Laboy was sentenced to consecutive sentences of 60 years’ imprisonment for armed robbery and 15 years for attempted aggravated criminal sexual assault.

On appeal Laboy presents the following issues for review: (1) whether his conviction must be reversed and the cause remanded for a new trial where the trial court’s findings that Detective Zuley did not commit peijury at Laboy’s trial, and that the disputed testimony did not affect the outcome, were against the manifest weight of the evidence; (2) whether Laboy’s consecutive sentences should be modified to run concurrently; and (3) whether the consecutive sentences must be vacated and the sentence reduced or the cause remanded for resentencing because the trial court erroneously found that the complainant suffered serious physical harm and improperly relied on factors inherent in the offenses.

The case of Laboy v. Zuley (N.D. Ill. 1990), 747 E Supp. 1284, is currently pending in the Federal district court. That action is a civil rights case involving the issue of the perjury. On March 25, 1991, this court entered a rule to show cause why this case should not be stayed pending a resolution of the perjury issue in the Federal case. Both the State’s Attorney’s office and the State appellate defender’s office have filed responses to the rule suggesting that this court should not delay a ruling in this case. We agree.

M.H. testified that at approximately 3:30 a.m., she and her boyfriend, Chris, were walking through Homer Park when they were approached by an armed man, wearing a bandana which covered his face from the nose down. Chris dropped to the ground, and pulled down M.H.’s leg so she would kneel as well. The man said he wanted their money. They told the man that they did not have any money, but that M.H. did have a gold chain. The man ripped the chain off her neck, pulled her up, put the gun to her head, and pulled her away.

Chris testified that the gunman said, “I’m going to take your lady.” Chris saw the assailant walking off into the darkness with his arm around M.H. and a gun to her head. As the assailant dragged M.H. away, Chris heard M.H. scream, “Christopher, help me. Help me.”

The gunman told M.H. if Chris moved, he would kill her. He continued to tell her not to look at his face. At trial, M.H. testified that the assailant was about 5 feet 5 inches tall, he weighed 150 to 160 pounds, and his nationality was “white hispanic.”

The man took M.H. across the street and went about a block to his waiting car. He pushed her into the car by her head. The assailant then put his knee on her head, closed the door, and hit her on the head with the gun five or six times. He threatened to kill her if she moved. The offender then laid the gun flat against her face and drove off.

When they arrived at Irving Park Road, the assailant told M.H. to “suck his dick.” He had removed his penis from his pants and tried to push her head towards his pants. M.H. jerked her head up and screamed. She was able to see the assailant’s uncovered face since he was no longer wearing the bandana. M.H. noticed that he had an indentation between his eyes, a beard and a mustache. After describing the assailant’s features to the court, the victim identified Laboy as the offender.

Laboy drove faster, but then started to slow down. He then pulled her up, stuck the gun in her side, and told her to shut up and look straight ahead. M.H. saw a Chicago police department paddywagon. She specifically testified:

“He was really angry now. He slammed my head back down to the console. The car was going faster and faster. I got very frightened. He was pressing the gun harder and harder to my head, so I pushed down his hand and he started swinging at me. I had my head lifted and was staring at him. He was trying to reach for me. I grabbed for the door and I had the door open. One of my feet was out the door. He grabbed hold of me. I look [sic] at him one last time. I pushed his hand up in the air and I jumped from the car. *** I rolled for quite a distance, and when I stopped rolling, I was very bloody. I got up and tried to run. I was screaming.”

Detective Zuley testified that he interviewed the victim briefly at the police station after the incident. She described the offender as male Hispanic, medium complexion, 5 feet 5 inches tall, approximately 150 pounds, 26 years old, and having facial hair. Detective Zuley was in possession of the car keys and a gold chain found in the car identified by the victim.

The vehicle’s license tags were registered to Placido Laboy and registered to an address at 4709 North Beacon Street. After the police found that the address was no longer valid, they discovered a number of traffic tickets in the car, all issued from the 4400 block of Paulina. They were able to find the defendant’s last name at 4407 North Paulina by looking at the mailboxes and doorways up and down the block. The police were unable to find Laboy there at about 5:30 or 6 a.m. Later, at approximately 7 a.m. they returned with the keys recovered from the car.

At approximately 7 a.m. Detective Zuley saw a man fitting the description of the offender that was given by M.H., walking behind the building. The officers followed that person, watched him go up to the rear, then up to the front of the apartment at 4407 North Paulina, and then heard him go to the back door. The person tapped at the back door and whispered, “Let me in.” At that point, the officers approached him, identified themselves, asked him who he was, and, upon learning that he was Placido Laboy, took him into custody. At that time, Detective Zuley tried the key on the keyring to the lock of that apartment and found that it opened the door.

Detective Zuley took Laboy back to the police station and placed him in a lineup. Chris went into the room to view the lineup first and was unable to identify the offender. According to Detective Zuley, as Laboy approached the viewing window during M.H.’s viewing of the lineup, M.H. grabbed onto him and hugged him. M.H. was told not to identify her assailant until all the suspects had gone through the procedure. After viewing the subjects in the second portion of the lineup where the suspects all wore masks to cover the lower part of their faces, M.H. identified Laboy as the offender. The curtains in the viewing room were then closed, the subjects spoke, and M.H. identified the voice of Laboy as the voice of the offender. According to Detective Zuley when M.H. heard Laboy’s voice she began to tremble.

Detective Zuley testified that after M.H. identified Laboy, he recovered Laboy’s pants in order to look for M.H.’s hair. After recovering the pants, Detective Zuley noticed blonde hairs in the teeth of the zipper and stuck in the corner of the pocket. Detective Zuley placed the pants in a sealed plastic bag and sent it to the crime lab.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 179, 227 Ill. App. 3d 654, 169 Ill. Dec. 692, 1992 Ill. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-laboy-illappct-1992.