People v. Lann

551 N.E.2d 276, 194 Ill. App. 3d 623, 141 Ill. Dec. 283, 1990 Ill. App. LEXIS 179
CourtAppellate Court of Illinois
DecidedFebruary 13, 1990
Docket1-85-1184
StatusPublished
Cited by16 cases

This text of 551 N.E.2d 276 (People v. Lann) 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. Lann, 551 N.E.2d 276, 194 Ill. App. 3d 623, 141 Ill. Dec. 283, 1990 Ill. App. LEXIS 179 (Ill. Ct. App. 1990).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

After a jury trial, defendant was convicted of armed robbery, aggravated kidnapping, kidnapping, and aggravated battery. He argues his convictions should be reversed because he was denied a fair trial based on improper comments made by the prosecutor during closing argument and because the State failed to provide him with material exculpatory evidence in response to his specific discovery request. He further contends that he is entitled to a remand under Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, for a hearing on whether the State used its peremptory challenges to improperly exclude blacks from the jury. We agree that defendant is entitled to a Batson hearing, but we otherwise affirm the convictions.

The complaining witness in this case, Anthony Grandberry, was a 16-year-old high school student at the time of the events in question. He testified at trial that he was waiting for a bus at 93rd and Perry streets in Chicago on the morning of May 25, 1983, at approximately 7:30 or 8 a.m., and that while he was waiting, a brown Mercury automobile stopped next to him. The driver rolled down his window, stated that he was a police officer, displayed a badge, and told Grand-berry to get up against the car; Grandberry identified the driver in court as defendant. Defendant then handcuffed Grandberry, sat him in the right front seat of the car, and drove for 5 to 10 minutes to a nearby Jewel Food Store parking lot.

After accusing Grandberry of having stolen some money from him, defendant placed a skull cap on Grandberry’s head, taped his eyes and mouth shut, had him lie facedown on the floor in the back of the car, and drove away. After 5 or 10 minutes, Grandberry was told to get out of the car. He felt someone grab each of his shoulders and heard more than one person’s footsteps as he was walked into a building.

Once inside the building, Grandberry was beaten with a hammer, and three gold chains, some money, a set of house keys, and a wallet were taken from him. After lying on the floor for a time, he managed to partially remove the tape from his eyes and the hat from his head, which enabled him to look about the room and see defendant. When defendant realized Grandberry could see him, he kicked Grandberry in the eye. Shortly thereafter, Grandberry heard a car door slam and began shouting for help. Defendant placed a large gun with a brown handle to Grandberry’s head, and after telling him to shut up, defendant struck Grandberry on the back of his head with the gun, causing him to black out.

When he regained consciousness, Grandberry saw that defendant had fallen asleep on the couch. He grabbed the gun and left the building through the back exit, but Grandberry dropped the gun while he was walking down the alley in the rear of the building. He went into a nearby tavern and asked someone inside to call the police.

Chicago police officer Ronald Alston also testified for the prosecution. Alston, who had responded to the call for police assistance, stated that after Grandberry led him to the back of the building where he had been taken, Alston saw defendant standing in the rear doorway. He also noticed a brown, four-door car parked in the alley. Grandberry identified defendant, who was then arrested.

Alston further testified that he had inventoried all physical evidence found in searching the defendant and the premises: a gold badge was found on defendant’s person; a bloodstained blue skull cap, a bloodstained hammer, some used gray tape, and a black wallet were found on the premises; and a small starter’s pistol was found in the alley, but this gun was not identified as the gun dropped by Grand-berry, and no other gun was found. Due to a mistake by the police, all physical evidence except the gun was destroyed before trial; however, some of these objects were photographed, and the photographs were admitted into evidence. Alston also testified that to his knowledge, no fingerprints were lifted from the brown car parked in the alley.

Doctor Kunxunni Yellody was the third prosecution witness. He testified regarding the nature and extent of Grandberry’s injuries, and stated that they resulted from a beating with some sort of hard object.

Defendant testified that he left the apartment of Alfreida Coleman, his girlfriend, at approximately 8 a.m. on the morning of May 25. He took a cab to a house at 8949 S. Throop, where he lived with his mother, Melissa Lenoir, and his grandmother, arriving there at approximately 8:30 a.m. Defendant left the house at 9, intending to take the train downtown. However, he walked instead to a nearby print shop and spoke with John Epps, an acquaintance who worked there. They smoked a marijuana cigarette together behind the shop, after which Epps went back to work. Defendant then noticed a brown, four-door Mercury parked in the alley just south of the print shop. He knew the car belonged to his barber Rasheed, and it was parked behind Rasheed’s barbershop. Defendant decided to get a quick haircut and walked to the rear door of the barbershop, which was open. While he was unsure of the exact time he left the print shop, he testified that it was no later than 9:45 a.m.

Defendant further testified that he found a wallet lying in the doorway of the barbershop. As he walked toward the front of the shop, he opened the wallet and discovered it contained a gold badge. No one was in the shop, and the front door was locked. He then walked out the back door, saw eight police officers in the alley, and was arrested.

Three alibi witnesses also testified on defendant’s behalf: Alfreida Coleman, defendant’s girlfriend, stated that he left her apartment at approximately 8:10 a.m. on the morning of May 25; defendant’s mother’s testimony was that defendant was in the house with her from 8:30 to 9 a.m.; and John Epps testified that defendant was with him at the print shop from approximately 9:05 until 9:30 a.m.

The jury returned guilty verdicts on the armed robbery, aggravated kidnapping, kidnapping and aggravated battery counts on April 3, 1985. On April 24, 1985, the trial judge heard and denied defendant’s post-trial motion for a new trial and sentenced him to 13 years’ imprisonment. A notice of appeal was filed on April 25,1985.

On May 23, 1985, defendant filed an amended motion for a new trial, which stated that the prosecution had failed to provide defendant with a laboratory report that indicated a fingerprint found on the car used to commit the offense did not belong to defendant. That same day, this court granted defendant’s motion to dismiss the appeal for purposes of providing the trial court with jurisdiction to hear the amended motion; the dismissal was without prejudice to defendant’s right to appeal from the original conviction. The trial court heard oral argument and denied the amended motion for a new trial on May 23.

I

Defendant first argues that he was denied a fair trial based on improper remarks made by the prosecutor during closing argument. In his post-trial motion, defendant made the following allegations:

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Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 276, 194 Ill. App. 3d 623, 141 Ill. Dec. 283, 1990 Ill. App. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lann-illappct-1990.