People v. Loggins

629 N.E.2d 137, 257 Ill. App. 3d 475, 195 Ill. Dec. 829, 1993 Ill. App. LEXIS 2086
CourtAppellate Court of Illinois
DecidedDecember 30, 1993
Docket1-91-3934
StatusPublished
Cited by4 cases

This text of 629 N.E.2d 137 (People v. Loggins) 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. Loggins, 629 N.E.2d 137, 257 Ill. App. 3d 475, 195 Ill. Dec. 829, 1993 Ill. App. LEXIS 2086 (Ill. Ct. App. 1993).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

A jury found Lawrence Loggins (defendant) guilty of the first degree murder of Gregory Freeman (victim) and of the aggravated battery of John Rucker. The trial court sentenced defendant to 33 years imprisonment for first degree murder and five years for aggravated battery, sentences to run concurrently. Defendant appeals his first degree murder conviction.

The issues presented for review are (1) whether defendant was proven guilty of first degree murder beyond a reasonable doubt, (2) whether defendant’s due process right to present witnesses was violated because the trial court refused to transport the jury to a hospital so that the jury could hear testimony from a defense witness, (3) whether defendant’s due process right to cross-examine and confront witnesses was violated, (4) whether two of the State’s witnesses’ testimonies were improperly bolstered at trial, (5) whether there exists a cumulative effect of trial errors which denied defendant a fair trial, and (6) whether defendant’s sentence was excessive.

BACKGROUND

The evidence established that defendant shot and killed the victim during a fight. The victim was a member of the Black Disciples and defendant was a member of a splinter group called Renegade Disciples.

Defendant testified that on the date of the murder, he went to "Lowe” Park with about 15 other Renegades where they met the victim, who was accompanied by 20 to 25 Black Disciples. After a fight broke out, defendant testified that he saw the victim make a furtive gesture toward his jacket. Defendant thought the victim had a gun even though he never saw one. Defendant took a .22-caliber gun from a fellow gang member, pointed the gun at the victim, and fired. He gave the gun back to the fellow gang member. When defendant learned that the victim had died, he fled to Mississippi but later surrendered to the authorities.

Three State eyewitnesses, Tracie Anderson (Tracie), Latanya Freeman (Latanya), and Carmella Coleman (Carmella), testified that they were returning home from school at about 3 p.m. on November 13, 1989, and were in the vicinity of "Lowe” Park when they saw a crowd of people gathered in the middle of the park.

They saw approximately 10 people, including defendant and the victim in the middle of the crowd, fist fighting. After about 10 minutes, the fighting stopped and the crowd began to disperse. As the victim walked toward the street, defendant said "up the gat,” a term which means gun. Defendant snatched a gun from another gang member, pointed it towards the victim, and fired. The victim fell on his hands, got up, ran, and collapsed again. Defendant pointed the gun toward the crowd, shot four to six more times, and then walked out of the park.

Two of defendant’s witnesses, Sharay Tillman (Sharay) and Lakenya Griffin (Lakenya), were in the middle of "Lowe” Park during the fight. Sharay, defendant’s girl friend, and a Black Disciple gang member, testified that she saw two gang members fighting over a gun when defendant snatched the gun away from them. Sharay testified that defendant was about two feet away from the victim when he started shooting. The victim then ran toward the street holding his back.

Lakenya, a chief in the Black Disciples, testified that she was in the middle of the crowd and saw two gang members fighting over a gun. She saw defendant run 9 to 10 feet and snatch the gun out of a gang member’s hand and shoot at the crowd. The victim, who was in the middle of the park, grabbed his back and ran out of the park.

Dr. Donoghue, an expert in forensic pathology, testified that the victim’s bullet wound showed no sign of stippling. Stippling indicates a close proximity between the gun, when fired, and the target (body, in this case). Dr. Donoghue also testified that the victim had died from a single gunshot wound to the back. The bullet perforated the victim’s lung, heart, pulmonary artery, and aorta.

I

Defendant contends that he was not proven guilty of first degree murder beyond a reasonable doubt and that, alternatively, he should have been found guilty of second degree murder. We disagree.

The proper standard for review when sufficiency of the evidence is challenged is, when viewing the evidence "in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Emphasis omitted.) Jackson v. Virginia (1979), 443 U.S. 307, 319, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789; People v. Young (1989), 128 Ill. 2d 1, 49, 538 N.E.2d 453.

A criminal conviction will not be set aside unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant’s guilt. People v. Collins (1985), 106 Ill. 2d 237, 261, 478 N.E.2d 267.

Appellate courts must view the evidence in a light most favorable to the prosecution, and after viewing the evidence in such a light, if proof of the essential element of a crime supports a conviction, an appellate court must affirm. People v. Stengel (1991), 211 Ill. App. 3d 337. 345. 570 N.E.2d 391.

The same standard of review applies when the inquiry is whether the State has proven that defendant did not act in self-defense. People v. Sanders (1991), 212 Ill. App. 3d 773, 571 N.E.2d 836.

First degree murder is defined, in pertinent part, as follows:

"(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) He either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) He knows that such acts create a strong probability of death or great bodily harm to that individual or another.” Ill. Rev. Stat. 1989, ch. 38, pars. 9 — 1(a)(1), (a)(2).

Second degree murder is defined, in pertinent part, as follows:

"(a) A person commits the offense of second degree murder when he commits the offense of first degree murder as defined in paragraphs (1) or (2) of subsection (a) of Section 9 — 1 of this Code and either of the following mitigating factors are present:
(2) At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.” Ill. Rev. Stat. 1989, ch. 38, par. 9 — 2(a)(2).

The statute further provides:

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Cite This Page — Counsel Stack

Bluebook (online)
629 N.E.2d 137, 257 Ill. App. 3d 475, 195 Ill. Dec. 829, 1993 Ill. App. LEXIS 2086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-loggins-illappct-1993.