People v. Martinez

564 N.E.2d 1271, 206 Ill. App. 3d 813, 151 Ill. Dec. 609, 1990 Ill. App. LEXIS 1811
Appellate Court of Illinois·Decided November 30, 1990·No. 1-87-1642·Published·Cited by 9 cases

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Defendant, Jose Martinez, was charged by indictment with two counts of murder (Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 1(a)(1), (a)(2)) and one count of armed violence (Ill. Rev. Stat. 1985, ch. 38, par. 33A—2). The defendant filed two pretrial motions, a “Motion to Quash Arrest and Suppress Evidence” and a “Motion to Suppress Statements,” which were denied. Following a bench trial, defendant was acquitted on the two counts of murder and the count of armed violence, but found guilty of voluntary manslaughter (Ill. Rev. Stat. 1985, ch. 38, par. 9—2) and sentenced to a term of seven years.

On appeal, defendant contends that: (1) the trial court erred by denying his motion to quash arrest and suppress evidence; (2) the trial court erred in denying his motion to suppress his inculpatory statements; and (3) the State failed to prove beyond a reasonable doubt that the defendant did not act in self-defense. The defendant’s fourth contention challenging the severity of his sentence need not be addressed as it was waived by defendant at oral argument. For the following reasons, we affirm.

The matters raised by defendant’s motions to quash arrest and suppress evidence and suppress statements were consolidated and resolved in a single hearing.

Defendant, Jose Martinez, testified that on August 7, 1986, at approximately 1 a.m., he was a passenger in an automobile being driven by his codefendant, Rafael Diaz. (Diaz was later acquitted by the trial judge.) The automobile, a white 1983 Buick, was owned by the defendant’s stepfather, Robert Alfaro. The automobile was stopped by police in the vicinity of Springfield and Wabansia. Upon police inquiry, both individuals gave their names and addresses. The police asked both the defendant and Diaz to produce their driver's licenses, but neither man had his license in his possession. The police stop lasted approximately 10 minutes and no ticket was issued.

Defendant and Diaz lived in a second-floor apartment located at 1310 North Monticello. Defendant’s mother, brother and Robert Al-faro lived on the first floor of this building. The defendant stated that there were two entrances to the second-floor apartment, the first being through the first-floor apartment and the second through the rear exterior staircase. At the top of that staircase, there was an enclosed porch with an outer screen door. Approximately four feet inside the outer door was a second door, which led to the apartment’s interior. On the night in question, the defendant testified that these doors were unlocked but closed.

When he and Diaz returned home, they immediately went to sleep but defendant was awakened by a noise that prompted him to get up out of bed. He had risen and was moving toward the interior rear door when that door opened and two men in civilian clothes entered, grabbed and handcuffed both the defendant and Diaz stating, “You’re under a arrest.” Defendant averred that he never identified himself or Diaz nor was he shown an arrest or a search warrant.

Thereafter, the two men took defendant and Diaz first to the location where the Buick had stalled. There they confiscated the defendant’s shirt and shoes for no apparent reason, defendant having denied on cross-examination that there were bloodstains on either item. The defendant was then taken to Area 3 police station. Once there, defendant asked the arresting officers if he could call his mother in order to have her contact an attorney. The officers replied that he could make a phone call after he told them what happened.

Defendant also testified that he asked Assistant State’s Attorney Michael Gerber, who arrived at the police station that morning, if he could make a phone call. According to the defendant, Gerber similarly responded that defendant could make a phone call after he spoke with him. Defendant testified that he then gave and signed a court-reported statement.

On cross-examination, defendant admitted that he was read his Miranda rights when he arrived at the police station and that he acknowledged to the officers that he understood them.

Edward Carfora, an officer with Hfi/a years’ experience on the police force, testified that on August 7, 1986, at approximately 1:30 a.m., he and his partner, Officer Richard Williams, were patrolling beat 2531 in the 25th district when they observed a “clean,” white, late-model Buick LeSabre being driven by an individual who appeared young and small in stature. Carfora had patrolled this area for five years, and it was his experience that it was a high crime area where auto theft was the crime most often committed. He therefore believed that the car was stolen because of the type of vehicle, the nature of the area and because it was unusual to see someone as youthful as Diaz driving such a vehicle in that area. Carfora further testified that the driver did not appear old enough to drive any vehicle.

The officers curbed the vehicle near Wabansia and Springfield. They, thereupon, asked to see the driver’s license of either the defendant or Diaz, but neither man had it in his possession. The defendant told the officers that the automobile belonged to his stepfather, Robert Alfaro. Prior to stopping the vehicle, the officers initiated a license plate number check on the mobile computer in his squad car, but it was not completed until sometime during the questioning of the two men. The license check confirmed that the car was registered to a Robert Alfaro of 1310 North Monticello. The officers ran a name check on both the defendant and Diaz, which came back clear. However, because neither man had a driver’s license, the officers, without ticketing them, ordered them to park the vehicle and return with a license or a licensed driver. On cross-examination, Carfora stated that neither he nor his partner observed the driver of the Buick commit any traffic violations and that Diaz, the driver of the auto, appeared to be “in broad daylight” 17, 18, or 19 years old and five feet five or six inches tall.

Detective John Herman testified that on August 7, 1986, at approximately 1:30 a.m., he and his partner, Detective Nick Crescenzo, went to the alley behind 4430 South Lament to investigate a homicide. There they observed a corpse lying facedown on the apron of a garage. No identification was found upon it, but, nearby, the officers found a medallion engraved with “Robert.” At the scene, the detecfives found a black-handled, boning-type knife and tire iron both covered with what appeared to be blood.

At the scene of the homicide, Detective Herman spoke to three witnesses who recalled seeing a white Buick with license plate number BUU 632 leave and then twice return to the alley. These witnesses also recalled seeing two Hispanic males in the alley who were driving the white Buick, but they could not identify either man in any greater detail. A computer check revealed that the Buick was registered to Robert Alfaro of 1310 North Monticello.

Detective Herman and his partner proceeded to the area of ■Springfield and Wabansia, where they spoke to beat officers Carfora and Williams.

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People v. Martinez, 564 N.E.2d 1271, 206 Ill. App. 3d 813, 151 Ill. Dec. 609, 1990 Ill. App. LEXIS 1811 (Ill. Ct. App. 1990).

564 N.E.2d 1271 (People v. Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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