People v. Malone

397 N.E.2d 1379, 78 Ill. 2d 34, 34 Ill. Dec. 311, 1979 Ill. LEXIS 413
CourtIllinois Supreme Court
DecidedDecember 3, 1979
Docket51628
StatusPublished
Cited by7 cases

This text of 397 N.E.2d 1379 (People v. Malone) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Malone, 397 N.E.2d 1379, 78 Ill. 2d 34, 34 Ill. Dec. 311, 1979 Ill. LEXIS 413 (Ill. 1979).

Opinion

MR. JUSTICE MORAN

delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, the defendant, Charles Malone, was convicted of armed robbery. The appellate court reversed and remanded for a new trial (67 Ill. App. 3d 150), holding that defendant’s prior convictions for misdemeanor theft were not admissible to impeach his credibility. We granted the State leave to appeal.

Richard Mitchell, the victim of the armed robbery, testified, in pertinent part, as follows. At 4:15 a.m., on June 20, 1976, Mitchell entered the lobby of a residential building at 559 East Browning, in Chicago. He saw the defendant, already present in the lobby, push the button to summon the elevator. The elevator (which was illuminated by two light bulbs) arrived and the two embarked, Mitchell to go to his mother’s apartment on the seventh floor. Defendant pushed the third-floor button. The elevator stopped at the latter floor and, after the doors opened, defendant held them open with his foot, pointed an object covered with a bag at Mitchell, and said, “Give it up, brother, this is a stick up.” Mitchell handed defendant $40 he had in his pocket. Upon defendant’s further demand, and after observing the handle of a gun, exposed when defendant partially removed the bag, Mitchell gave his wristwatch to the defendant. Defendant exited, allowing the elevator doors to close. The elevator carried Mitchell to the seventh floor, where he entered his mother’s apartment, armed himself with a butcher knife, and left to search the neighborhood for the defendant. After an hour of fruitless search, Mitchell returned to the apartment to await his mother, who arrived at approximately 10:30 a.m. Shortly thereafter, he called the police and subsequently gave the details of the incident and a description of the defendant to the attending officer, Duhig, who testified in corroboration. (On cross-examination, Mitchell stated that the description he gave the police included the fact that the offender had an Afro, or “natural,” hairstyle.)

Mitchell further testified that, in the late afternoon of September 3, 1976, as he drove in the neighborhood of his mother’s apartment, he saw the defendant standing with several other people. Mitchell summoned a nearby police car and told the two patrol officers that he had just seen the man who had earlier robbed him. He got into the police car and directed the officers to the place where defendant stood. The driver stopped the car near the group. After Mitchell got out of the police car, the defendant saw him and started to run, but halted when the officers ordered him to do so. Defendant was the only member of the group who attempted to run. Mitchell’s testimony in this regard was corroborated by Officer Triche, who, with Officer Montgomery, had manned the patrol car which Mitchell approached that afternoon.

For the defense, defendant’s aunt and uncle both testified that defendant, who had lived with them during the summer of 1976, had a “perm,” or straightened, hairstyle during that time. Lloyd Moore and Ralph Love, friends of the defendant, also testified that defendant had a “perm” hairstyle during that summer.

Defendant took the stand and testified that, at the time of the alleged robbery, he was asleep at the home of his aunt and uncle, about 3M> blocks from the scene of the incident. He also stated that during that summer, including the day of June 20, he had a “perm” hairstyle. When cross-examined as to why he ran when Mitchell and the police officers exited the police car on September 3, 1976, defendant stated he had not run, but had merely taken two steps to avoid being hit by the police car.

As part of the State’s rebuttal, certified copies of two of defendant’s prior convictions for misdemeanor theft were read into the record to impeach defendant’s credibility. One of the convictions had been entered on March 15, 1974, and the other on December 23, 1974.

The appellate court held the evidence of these convictions inadmissible because of its belief that, under People v. Montgomery (1971), 47 Ill. 2d 510, misdemeanor theft is not a crime involving dishonesty. (67 Ill. App. 3d 150, 153-55.) Since the date of the appellate court opinion, however, this court has considered precisely the same issue in People v. Spates (1979), 77 Ill. 2d 193. There, the court held that theft is a crime involving dishonesty or false statement. (77 Ill. 2d 193, 202-03.) We therefore find the appellate court’s resolution of that issue in error.

Montgomery’s holding renders prior convictions inadmissible when the judge determines that the probative value of the evidence of the crime is outweighed by its prejudicial effect. In Spates, we stressed that this determination involves the exercise of discretion on the part of the trial judge. (77 Ill. 2d 193, 204-05. See also People v. Ray (1973), 54 Ill. 2d 377, 380-83.) In the case at bar, defendant made a motion in limine to prohibit the introduction of any of his prior convictions. The State responded by disclosing its intention to introduce four prior convictions of defendant, but the trial judge limited the State to two of the four convictions.

Defendant does not contend that the trial judge abused his discretion at the time of that ruling. Rather, defendant argues that introduction of prior convictions was unnecessary and denied him a fair trial because, prior to their introduction, other evidence introduced had the same impeaching effect as the introduction of prior convictions. Specifically, defendant points to two instances wherein the jury was allegedly exposed to such evidence. First, during cross-examination of defendant, when asked, “Who gave you that hairstyle?”, defendant responded, “Well, I got the hairstyle in the County Jail.” Second, as part of the State’s rebuttal, police officer Fashingbauer was called to describe defendant’s appearance on July 31, 1976, and to identify a photograph taken of defendant on that date. The photograph depicted defendant with a “natural,” rather than a “perm,” hairstyle. This testimony contradicted the earlier defense testimony regarding defendant’s appearance at the time in question.

Defendant does not contend that, such evidence was inadmissible. Instead, he argues that, because this testimony effectively exposed his prior encounters with legal authorities, evidence of his prior convictions was inadmissible. We note, additionally, that, at trial, defendant did not object on this basis to the subsequent introduction of prior convictions. We deem defendant’s contention to be without merit and conclude that the trial judge did not err in exercising his discretion by allowing the introduction of the two prior convictions.

Also, defendant contends that he was denied a fair trial by a damaging “trial within a trial” regarding the prior misdemeanor theft convictions, by the reading of the two convictions, and by the improper closing argument of the prosecutor.

The two prior misdemeanor theft convictions which the State intended to use to impeach defendant’s credibility were in names other than that of Charles Malone. The trial judge refused to allow the State to use them unless either the defendant stipulated that he was the person convicted in the prior proceedings or the State proved it. Defendant refused to so stipulate. The State thereafter proceeded, over objection, to present identification evidence.

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Bluebook (online)
397 N.E.2d 1379, 78 Ill. 2d 34, 34 Ill. Dec. 311, 1979 Ill. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-malone-ill-1979.