People v. Lewis

529 N.E.2d 752, 175 Ill. App. 3d 156, 124 Ill. Dec. 771, 1988 Ill. App. LEXIS 1366
Appellate Court of Illinois·Decided September 21, 1988·No. 86-328·Published·Cited by 5 cases

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Defendant, Jerry Lee Lewis, was convicted of murder and armed robbery and sentenced to consecutive terms of 40 years for murder and 30 years for armed robbery. On appeal, defendant argues that (1) the trial court erred in denying defendant’s pretrial motion to suppress; (2) the consecutive sentences imposed upon defendant were improper; (3) the trial court abused its discretion when sentencing defendant by failing to give proper consideration to mitigating factors and the possibility of rehabilitation; and (4) the trial court erred in failing to afford defendant an opportunity to exercise his right of allocution. We affirm.

On October 25, 1984, Maeretha Goode and her sister, Jearlean McDuffy, were sitting in a parked car selling drugs on 5th and California Street. Two men, later identified as defendant and Eugene Davison, approached the car. Defendant approached the driver’s side of the vehicle and Davison approached the passenger side. Both defendant and Davison pulled out guns. Defendant fired through the window on the driver’s side of the vehicle, hitting Goode in the temple. The car pulled out in the street and hit a parked car. Davison broke the window on the pássénger side and attempted to open the door. McDuffy opened the door and Davison pulled her from the car.

Both defendant and Davison searched Goode. McDuffy had escaped and went to a restaurant to call the police. As she was exiting the re'staurant, she saw both defendant and Davison walking away from the car with Goode’s purse and a bag that had been in the car.

Claude Benson witnessed the entire incident across the street from the parked car. Benson saw defendant and Davison draw their guns and saw defendant shoot into the car. Benson recognized defendant as a friend and as someone with whom he had attended grade school. After the shooting, Benson took Goode to Cook County Hospital but she later died from the gunshot wounds. Benson told the investigating pplice officers that he witnessed defendant kill Goode.

Two days after the murder, McDuffy identified defendant from several photos as the person who shot her sister in the head. Defendant was subsequently arrested and placed in a lineup. McDuffy once again identified defendant as the person who shot her sister.

While in custody, defendant gave a statement to Assistant State’s Attorney Earl Grinbarg. Prior to giving his statement, defendant was read his Miranda rights and acknowledged such in his statement. According to defendant’s statement, he was approached by two men who asked ,him if he wanted to make $5,000. These men told defendant to rob the two women selling cocaine but there was to be no shooting. Defendant and the other individual with him approached the car and bought some cocaine. The women sold the cocaine but then drove off quickly. Defendant and this other man followed the two women. When the women returned to the same spot, defendant and this man approached the car. Both defendant and the other man pulled out their guns. When defendant broke the side window of the car with the barrel of his gun, the gun went off. The car started to move and the other man pulled the passenger from the car. The car hit a parked car and both men searched it. They found about $600 and left.

Defendant was questioned as to whether he had been mistreated by the police or whether anyone had made any threats or promises to him. To both of these questions, defendant responded no.

Prior to trial, defendant made a motion to suppress this statement. Defendant alleged that he was not informed of his rights and that his statement was the result of physical and mental coercion. At the hearing, two police officers testified that they had defendant under their constant surveillance. At no time, according to the officers, was defendant beaten or threatened by anyone. Defendant testified that his statement was not voluntary because he had been beaten for 15 minutes with handcuffs and a flashlight. Medical reports from Cook County Jail and Cermak Hospital concerning defendant’s health were introduced. These reports established that when defendant was examined on November 12, 1984, he was in good health and no marks were apparent on his body.

After the hearing, the trial court denied defendant’s motion, stating:

“I find the police officers’ testimony on this question to be credible and consistent. The defendant’s testimony is unsupported by the record and is subject to some questions in terms of consistent testimony and it is contrary to the complaint and he has not even raised the issue of the police at the County Jail until one month after this particular beating. The motion to suppress is denied.”

At trial, defendant presented two alibi witnesses. Both witnesses testified that on the night of the shooting, defendant was with them playing dominos. Defendant also testified that he was with the two alibi witnesses playing dominos and did not leave the residence at all that night.

Following deliberation, the jury found defendant guilty of murder and armed robbery. At the sentencing hearing, the State offered defendant’s past criminal history in aggravation. In mitigation, the defendant argued that the State never proved any intent to murder but just that he acted recklessly. After the defense concluded its factors in mitigation, without asking defendant if he had anything to say, the court sentenced defendant to consecutive terms of 40 years for murder and 30 years for armed robbery. This appeal followed.

Defendant first argues that the trial court erred in denying his pretrial motion to suppress. It is defendant’s position that his statement was the product of physical and mental coercion and was therefore involuntary. We find defendant’s argument without merit.

The State has the burden of establishing the voluntariness of a defendant’s confession by a preponderance of the evidence. (People v. King (1986), 109 Ill. 2d 514, 525, 488 N.E.2d 949, 955.) The State must show that the will of the accused was not overcome at the time he confessed and that the confession was made free of compulsion or inducement of any sort. (People v. Madden (1986), 148 Ill. App. 3d 988, 996, 501 N.E.2d 1297, 1302; People v. Veal (1986), 149 Ill. App. 3d 619, 622, 500 N.E.2d 1014, 1017.) Such a determination must take into account the totality of the circumstances surrounding the confession, including but not limited to the existence of any threat, promises or physical coercion. (People v. Rhodes (1983), 119 Ill. App. 3d 1002, 1008-09, 457 N.E.2d 1300, 1305-06.) The trial court has discretion to determine whether, based upon the totality of the circumstances, a defendant’s statement was made voluntarily. Thus, on review, the sole question is whether the trial court’s determination is contrary to the manifest weight of the evidence. People v. McDermott (1985), 141 Ill. App. 3d 996, 1005, 490 N.E.2d 1293, 1298-99.

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People v. Lewis, 529 N.E.2d 752, 175 Ill. App. 3d 156, 124 Ill. Dec. 771, 1988 Ill. App. LEXIS 1366 (Ill. Ct. App. 1988).

529 N.E.2d 752 (People v. Lewis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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