People v. Love

878 N.E.2d 789, 377 Ill. App. 3d 306, 316 Ill. Dec. 67, 2007 Ill. App. LEXIS 1158
Appellate Court of Illinois·Decided November 5, 2007·No. 1-06-0446·Published·Cited by 66 cases

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

Following a jury trial, defendant Rodney Love was found guilty of first degree murder and sentenced to a 30-year prison term. Defendant’s sentence was enhanced an additional 25 years because a firearm was used to commit the offense. On appeal, defendant contends: (1) he received ineffective assistance of trial counsel; (2) he was prejudiced by the prosecutor’s improper comments; (3) the trial court erred in allowing the State to present evidence of “Major Case” prints, which created an inference of significant criminal history; and (4) the trial court coerced the jury into reaching a verdict. We affirm the defendant’s conviction and sentence.

FACTS

On August 28, 2002, Lyphus Pouncy stopped his car at a traffic light at 51st Street and Morgan. A male rode a bicycle up to the passenger-side window and fired two shots into the car, killing Pouncy.

On September 7, 2002, Chicago police officers Lori Bechina and Carolyn Keating were conducting on-street interviews regarding several murders in the area when they saw defendant remove a black object from his waistband, drop it to the ground, and run. Officer Bechina chased after him. When Officer Keating went to where defendant had been standing, she recovered a .45-caliber semiautomatic handgun. After chasing defendant to his grandmother’s house, Officer Bechina placed him in custody. The officers recovered a clear plastic sandwich baggie from defendant’s pocket. The bag held 20 small knotted packets, each containing a white, rock-like substance. The handgun recovered by Officer Keating was determined to have been used in the victim’s shooting.

Chris Young, the victim’s cousin, testified at trial that he could see the 51st Street and Morgan intersection from his third-floor apartment window. At around 3:15 p.m., he was looking out the window when he saw the victim drive up to the traffic light in a green car. Young saw a dark-skinned male with braided hair ride a girl’s bicycle toward the passenger side of the victim’s car. Young had never seen the person before. Although Young had an unobstructed view of the person’s face, he could not tell the person’s height or weight. Young saw the male on the bike pull a gun from his waistband and fire two shots at the victim. Young identified defendant in a lineup as the person who shot the victim. Young also identified defendant at trial. Young identified a girl’s bike in a photograph as similar to the bike he saw defendant riding during the shooting. Young admitted he saw the bike in the photograph at the police station on the day he participated in the lineup. The photograph, which was admitted as People’s Exhibit 18, depicts a purple girl’s bicycle with white tires. Young was on house arrest for a weapon charge when he witnessed the murder. Young admitted defendant was the only individual in the lineup with braided hair.

Ronald Neal, a friend of the defendant, testified he and defendant sold drugs out of the defendant’s grandmother’s house on West 51st Street. Defendant was a member of the Black P Stone gang, which was feuding with the Bar None Stones. In July 2002, a Bar None gang member shot defendant’s cousin in the foot. Defendant pointed out the victim to Nash once or twice after his cousin’s shooting, saying “stay away from the Bar Nones.” Neal said he did not know the victim; however, on cross-examination he admitted serving time with the victim in the juvenile department of corrections.

On August 28, 2002, Neal, defendant, and Derek Nash were hanging out at the defendant’s grandmother’s house playing video games and selling drugs. Nash, who was the defendant’s cousin, was dark-skinned and had braided hair. At around 3:15 p.m., defendant told Neal he was leaving to buy drugs. He left the house on a purple girl’s bicycle with white tires while wearing a white T-shirt, blue jean shorts, and his hair in braids. Neal saw the defendant tuck a .45-caliber handgun into his waistband. A few minutes later Neal heard two gunshots. Defendant returned a few minutes later sweating and shaking. He brought the bike into the house. Defendant told Neal he shot the victim. When Neal said he did not know who defendant meant, defendant said “the guy in the green car.” Nash was shot and killed later that evening. Neal identified the bike depicted in People’s Exhibit 18 as the bike he saw defendant riding on August 28.

Forensic scientist Kent Murray testified that he compared the recovered handgun with two shell casings recovered from the street where the shooting occurred. He concluded the shells were fired from the same gun. He could not determine whether the bullet recovered from the door of the victim’s car had been fired from defendant’s gun. A bullet core recovered from the victim’s body was not suitable for comparison.

Defendant denied killing the victim. He testified that on August 28, 2002, he was at home all day with his grandmother, his father, his infant daughter, his infant daughter’s mother, and a friend named Stephanie. Defendant said Nash and Neal came to his house around 2 p.m. After defendant gave them money to buy drugs, Neal and Nash left together. Neal came back alone a few moments after defendant heard gunshots. Neal told defendant Nash had shot someone. According to defendant, Nash told him he shot the victim. Defendant did not go to the police because Nash was shot and killed later that night.

Defendant testified the handgun recovered by the police belonged to Neal. According to defendant, he was trying to buy the handgun from Neal when the police arrived. When Neal saw the police officers, he placed the gun between defendant’s legs and let it fall to the ground. Defendant ran because he was afraid of getting caught with drugs.

The jury found defendant guilty of first degree murder. The jury also found defendant personally discharged the firearm that caused the victim’s death. Following a sentencing hearing, the trial court sentenced defendant to a 30-year prison term for first degree murder. Defendant was sentenced to an additional 25-year prison term pursuant to the sentencing enhancement. Defendant appeals.

DECISION

I. Ineffective Assistance

A defendant’s claim for ineffective assistance of counsel has two components:

“First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Strickland v. Washington, 466 U.S. 668, 687, 80 L. Ed. 2d 674, 693, 104 S. Ct. 2052, 2064 (1984).

A finding that one component has not been satisfied is fatal to defendant’s claim as a whole. Strickland, 466 U.S. at 687, 80 L. Ed. 2d at 693, 104 S. Ct. at 2064. We first address the prejudice prong.

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People v. Love, 878 N.E.2d 789, 377 Ill. App. 3d 306, 316 Ill. Dec. 67, 2007 Ill. App. LEXIS 1158 (Ill. Ct. App. 2007).

878 N.E.2d 789 (People v. Love) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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