People v. Lee

611 N.E.2d 561, 243 Ill. App. 3d 29, 183 Ill. Dec. 298, 1993 Ill. App. LEXIS 480
Appellate Court of Illinois·Decided April 2, 1993·No. No. 2-91-0101·Published·Cited by 3 cases

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Following a jury trial, defendant, Anthony Lee, was found guilty of robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 1(a)) and unlawful possession of a stolen vehicle (Ill. Rev. Stat. 1989, ch. 951/2, par. 4— 103(a)(1)). The court sentenced defendant to concurrent seven-year terms of imprisonment. Defendant appeals, contending that the State failed to prove defendant’s guilt of either offense beyond a reasonable doubt because the evidence showed only that defendant was merely present at the crime scene when two other individuals took the victim’s money and automobile.

The victim, Andre Wallace, testified that he finished work at the Great Lakes Naval Base at 7 p.m. on October 4, 1990. Wallace then went to the apartment of Danielle, a friend, arriving between 7:30 and 8 o’clock. Wallace was introduced to two females and two males, “Blue” and “Daddy.” Wallace identified defendant as “Daddy” and Mark Grashen as “Blue.” Wallace was told that defendant was Danielle’s cousin.

Wallace played cards for approximately 21k to 3 hours. During the game, defendant asked Wallace for a ride to a girlfriend’s house and offered Wallace $5 for gas. Wallace agreed, reached into his shirt pocket, and gave defendant $5 change from a $10 bill. Shortly before midnight Wallace stated that he had to be leaving. Wallace asked defendant if Grashen was coming along and defendant said, “Yes.” Grashen climbed into the backseat of Wallace’s car, and Wallace and defendant occupied the front seats with Wallace driving. Both defendant and Grashen directed Wallace to the Utica Street projects in Waukegan, where Wallace parked the car.

Grashen exited the car and walked approximately 15 feet where he met another individual, named Eddie. When Wallace asked defendant if the Utica Street projects were the intended destination, defendant replied that Grashen was just talking to a friend for a second and that he would be right back. Shortly thereafter, defendant got out of the car and joined the others. Defendant then called Wallace requesting that he join the group and meet Eddie. Wallace exited the car and either Grashen or defendant introduced Wallace to Eddie. As Wallace proceeded to shake Eddie’s hand, Grashen grabbed Wallace from behind, placed his arm in a choke hold around Wallace’s neck, and said repeatedly, “you are going to go to sleep.” Wallace then reached in his front shirt pocket, pulled out $13 and handed it toward Eddie. Eddie took the money from Wallace’s hand. Defendant and Eddie were walking toward Wallace before Wallace lost consciousness.

When Wallace regained consciousness, he found himself on the hood of his car. As he climbed off the hood, he noticed the three individuals talking on the driver’s side of the vehicle. Defendant was sitting in the driver’s seat with the keys in the ignition. Wallace pleaded with the group to return his identification because he needed it to get back to the naval base. Eddie and Grashen stated that they did not believe Wallace had given them everything that he had. Wallace then unbuttoned his shirt and pulled his pockets inside out to show that he had nothing else. Defendant then looked on the floor and seats for Wallace’s identification. The group then stated that they had not seen Wallace’s identification.

Wallace then attempted to get into the car to leave, but defendant made “a motion like get back.” Wallace testified that defendant did not touch Wallace, but “was motioning me as to get away.” Grashen and Eddie also told Wallace “push along, push on, push on.” As Wallace walked away, he noticed the driver’s door close and Grashen climb into the backseat. Wallace walked until he was out of sight and then ran until he reached a pay phone.

On cross-examination, Wallace testified that defendant originally requested a ride only for defendant and that defendant never told Wallace the exact location of defendant’s girlfriend’s house. Wallace did not know if defendant saw how much money Wallace had while at Danielle’s apartment. Wallace admitted that he never saw his vehicle leave the scene and never saw defendant driving it. Wallace stated that only Grashen and Eddie told Wallace that they believed Wallace had more money in his possession and that Wallace gave the $13 to Eddie, not to defendant. Wallace further testified that defendant never stopped any of Grashen’s or Eddie’s actions, nor did Wallace ever see defendant call the police.

Officer Trent Truby arrived a couple of minutes after Wallace phoned for help. Truby testified that he and Wallace drove to 565 South Utica, where Wallace said his car had been stolen. Truby and Wallace checked the parking lot, but could not locate the car. Truby then reported the information concerning Wallace’s car to the Illinois State Police emergency network.

Truby and Wallace then drove to Danielle’s apartment, where Wallace had originally met defendant and Grashen. There was no answer at the door so Officer Truby and Wallace drove back to the naval base. Before finishing his work shift, Truby entered a description of Wallace’s car into the law enforcement agency data system.

On October 5, Waukegan Detective Donald Meadie was assigned to the Wallace case. Meadie testified that he received a phone call from the Chicago police department on October 6. Meadie was informed that Grashen and defendant were being held in custody in connection with the Wallace case. Wallace’s car was also at the Chicago police department. Meadie and another officer then drove to the Chicago police department station, picked up defendant and Grashen and Wallace’s car and brought them back to Waukegan.

The State rested following Detective Meadie’s testimony. After defendant’s motion for a directed verdict was denied, defendant was found guilty of robbery and unlawful possession of a stolen motor vehicle.

Defendant appeals, contending that the State failed to prove his guilt of the offenses beyond a reasonable doubt. Specifically, defendant contends that he was merely present when Wallace’s money and automobile were taken by Grashen and Eddie. Moreover, defendant contends that he was not seen driving or possessing Wallace’s car. Therefore, defendant argues, the State did not prove beyond a reasonable doubt that defendant was accountable for the offenses of robbery and unlawful possession of a stolen motor vehicle.

The trier of fact is not required to search out a series of potential explanations compatible with innocence and then raise them to the status of reasonable doubt. (People v. Ware (1980), 82 Ill. App. 3d 297, 302.) Nor must each link in the circumstances relied upon to establish guilt individually constitute proof beyond a reasonable doubt. (People v. Foster (1979), 76 Ill. 2d 365, 374.) Conflicting evidence alone will not justify the reversal of a conviction; rather, reviewing courts will set aside a guilty finding only if the evidence is palpably contrary to the finding or so unreasonable, improbable, or unsatisfactory as to leave a reasonable doubt about the accused’s guilt. People v. Palmer (1984), 125 Ill. App. 3d 703, 709.

We note initially that defendant is correct in stating that a person’s mere presence at the crime scene, even with knowledge that a crime has been committed, is insufficient to establish accountability for the crime. (People v. Nugara (1968), 39 Ill. 2d 482, 487; People v. Perruquet (1988), 173 Ill. App.

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People v. Lee, 611 N.E.2d 561, 243 Ill. App. 3d 29, 183 Ill. Dec. 298, 1993 Ill. App. LEXIS 480 (Ill. Ct. App. 1993).

611 N.E.2d 561 (People v. Lee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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