People v. Magee

872 N.E.2d 63, 374 Ill. App. 3d 1024, 313 Ill. Dec. 303, 2007 Ill. App. LEXIS 723
Appellate Court of Illinois·Decided June 29, 2007·No. 1-05-2646·Published·Cited by 20 cases

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Following a jury trial, defendant, Tere Magee, was convicted of two counts of armed robbery and two counts of aggravated criminal sexual assault in conjunction with an incident involving two women at a beauty salon and was later sentenced to a total of 50 years’ imprisonment. On appeal, defendant contends that he was denied a fair trial because the trial court impermissibly instructed the jury that the eyewitnesses’ level of certainty and the accuracy of their prior descriptions were relevant factors in assessing the reliability of their identifications. In addition, defendant contends that the trial court improperly increased his sentence after its imposition. Finally, defendant contends that his mittimus must be corrected to accurately reflect the offenses for which he was convicted.

The evidence adduced at trial demonstrated that, at approximately 11:30 p.m. on August 4, 2000, the victims, T.J., a hairstylist, and S.D., her customer, were leaving The Hair Exchange beauty salon when an armed man, later identified by both women as defendant, approached and demanded their money. T.J. complied, but defendant instructed the victims, at gunpoint, to reenter the locked salon. Once inside, defendant sexually assaulted both women. When defendant eventually left, he took T.J.’s car keys and her $300, S.D.’s purse and her $53, and both women’s pants and undergarments. The police arrived on the scene soon after and were given defendant’s description. Thereafter, the victims separately identified defendant in a photographic array and a lineup.

At trial, T.J. testified that she had locked the front door to the salon and was in the process of locking the external gate leading to the salon’s entryway when defendant first approached and pointed his handgun in her face. It was “brightly” lit outside at the time because the streetlights were on and light was reflecting from inside the beauty shop. T.J. was looking directly at defendant’s face when he demanded her money. Then, when he forced her and S.D. back inside the shop, defendant told them to lie on the ground. Defendant turned off the “side light” that constantly remained on in the shop; however, T.J. stated that the soda pop machine continued to give off light. Defendant then closed the front window curtains and paced back and forth, approximately 12 to 15 feet away from T.J. She was able to see defendant’s face as he paced. Defendant subsequently told both women to remove their pants and underwear. He sexually assaulted T.J. first as she lay on her back looking at defendant. Defendant then proceeded to where S.D. was lying and also sexually assaulted her. Defendant, however, remained within T.J.’s view. When he finished, defendant demanded car keys. T.J. grabbed the keys closest to her and he left with the money she initially gave him, S.D.’s purse, both women’s pants and underwear. After a few seconds, T. J. stood up and locked the front door of the salon. T.J. subsequently called her mother because she lived nearby and then called the police. She approximated that the entire incident lasted five minutes.

T. J. described defendant to the jury as a black male, approximately 5 feet 9 inches tall, weighing about 165 pounds, with a medium complexion, hazel or green eyes, a big nose and full lips and having worn black pants, a black sweater and a black skullcap during the offense. T.J. further testified that, when the police arrived, she provided them with a similar description of defendant. T.J. recalled that the police then drove S.D. to the hospital, while she and her mother followed in T.J.’s car. A couple of days later, a detective arrived at T.J.’s house and asked her to view photographs of possible suspects. T.J. immediately recognized defendant as her assailant in one of the photographs. Then, on September 19, 2000, T.J. was asked to view a lineup at a police station, during which she instantly identified defendant. She recalled being absolutely certain that defendant was the offender both times that she identified him.

On cross-examination, T. J. recalled that defendant initially ordered her and S.D. to lie facedown on the floor. When they complied, S.D. was close enough to T.J. that the women could touch. T.J. stated that defendant never “got rid of’ his handgun throughout the incident, but she was not focusing on it so she could not recall exactly where it was at any given time. T.J. testified that the description she gave to the police was as accurate as possible, but could not recall whether she described defendant as having full lips, being 6 feet tall, weighing 145 pounds or his exact eye color. T.J. admitted that she had a hard time approximating weight and height; however, she stated that, during her subsequent identifications, “when [she] saw him, [she] knew it was him.” She could not recall speaking to a detective while at the hospital. T.J. also could not recall what the detective said before she viewed the photographic array.

S.D. testified consistent with the sequence of events as described by T.J. She stated that, while defendant was sexually assaulting T.J., S.D. was not looking at her or defendant. However, when defendant moved over to S.D., he kneeled over her body with his face approximately 15 to 18 inches away from her own. When defendant left the salon, he took the belongings described by T.J., as well as $53 that S.D. previously had in her pants. S.D. recalled that she was still frightened and crying when the police arrived at the salon. S.D. stated that she would not have reported that she was sexually assaulted because, at the time, she understood the term to be synonymous with rape and she had not been raped. S.D. additionally testified that she identified defendant in a photographic array held at her house a couple of days after the offense. She also identified defendant in a lineup held at a police station sometime later. S.D. recalled identifying defendant quickly, without hesitation, on both occasions.

On cross-examination, S.D. stated that she spoke to the police at the salon and told them what had occurred; however, she could not recall providing them with a description of defendant. S.D. recalled that, although defendant turned off the light inside the salon, “[y]ou still could see” because there was “some light from the back.” S.D. testified that she saw defendant holding his handgun while in the salon, but she could not recall exactly where it was while he was sexually assaulting her. She stated that defendant sexually assaulted her for approximately two or three minutes and that the entire incident lasted about 30 minutes.

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People v. Magee, 872 N.E.2d 63, 374 Ill. App. 3d 1024, 313 Ill. Dec. 303, 2007 Ill. App. LEXIS 723 (Ill. Ct. App. 2007).

872 N.E.2d 63 (People v. Magee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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