People v. McAfee

774 N.E.2d 469, 332 Ill. App. 3d 1091, 266 Ill. Dec. 363
CourtAppellate Court of Illinois
DecidedAugust 3, 2002
Docket3-01-0892
StatusPublished
Cited by32 cases

This text of 774 N.E.2d 469 (People v. McAfee) 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. McAfee, 774 N.E.2d 469, 332 Ill. App. 3d 1091, 266 Ill. Dec. 363 (Ill. Ct. App. 2002).

Opinion

JUSTICE HOLDRIDGE

delivered the opinion of the court:

A jury found the defendant, Christopher J. McAfee, guilty of armed robbery (720 ILCS 5/18 — 1(a), 18 — 2(a) (West 1998)). He was sentenced to 21 years’ imprisonment. On appeal, the defendant argues that (1) the State failed to prove him guilty beyond a reasonable doubt, and (2) the judge erred during sentencing by considering in aggravation that one of the defendant’s witnesses may have perjured himself. We affirm the defendant’s conviction, but vacate his sentence and remand for resentencing.

BACKGROUND

Amanda Turner testified that at about 8 p.m. on September 14, 1999, she met Jacob Brown in a parking lot behind the One World Coffee Shop in Peoria. Turner and Brown stood and talked near Turner’s car. Turner was standing next to her car with the driver’s-side door open. She saw two men approach her and Brown. One of the men, whom Turner later identified as the defendant, positioned himself behind Brown and put a gun to Brown’s neck. She could see the defendant’s face as he peered over Brown’s shoulder to speak to Turner and the other assailant. She testified that she was about four feet from Brown when the defendant put the gun on Brown’s neck.

The other assailant positioned himself next to Turner and told her to get her purse. She turned and retrieved her purse from the front passenger seat of the car. The other assailant took the purse from her. The defendant then told the other assailant to let Turner get her identification from the purse. As the other assailant held the purse, Turner took her wallet out, got her driver’s license and insurance card, and put the wallet back into the purse.

The other assailant told Turner to get her sweater out of the car, which she did. The assailant shook the sweater and then threw it back into the car. The defendant told Brown to give the defendant Brown’s money. Brown reached in his pocket and gave the defendant the money he had in a money clip.

The defendant and the other assailant stepped away from Turner and Brown. Brown testified that he did not see the man who had the gun on his neck because the man was positioned behind him during the entire incident. The two men then left the parking lot on foot.

Turner and Brown got into Turner’s car and locked the doors while they recovered from their ordeal. One of their friends walked by the car. Turner and Brown told the friend that they had just been robbed. The friend told Turner and Brown that she had seen police officers at a nearby Jimmy John’s restaurant. The friend ran to the restaurant, where she told the officers about the robbery. The officers accompanied the friend to the parking lot.

Officer Kathryn Handing testified that she interviewed Turner and Brown in the parking lot following the incident. At first, Turner was “extremely upset” and “barely able to tell [Handing] what happened.” After Turner calmed down, she told the officer that the man with the gun wore a blue, hooded sweatshirt, but that the man did not have the hood on his head. Turner described the defendant as a black male, about 6 feet 1 inch tall, and weighing about 160 pounds.

Turner testified that her purse had contained her checkbook. On the morning following the robbery, she went to the bank as soon as it opened, closed her checking account, and opened a different account.

Michael Woodcock was the branch manager of the bank where Turner had her checking account. He testified that on September 15, 1999, he was called to the drive-through teller’s window. The teller advised Woodcock that Aaron Waithe had presented a check drawn on Turner’s account payable to Waithe. Waithe and the defendant had come to the drive-through window in a taxi. Waithe came inside the bank while the defendant waited in the taxi. Woodcock called the police, who arrested Waithe and the defendant.

On September 23, 1999, Turner went to the police station to view a photographic lineup. She identified the photo of the defendant as the man with the gun during the robbery. On November 4, 1999, she identified the defendant again during an in-person lineup. The officer who conducted the in-person lineup stated that the defendant described himself as being 5 feet 9 inches tall and weighing 148 pounds.

Aaron Waithe testified for the defendant. Waithe stated that at about 6 or 6:30 a.m. on September 15, 1999, he saw a purse with its contents scattered near a Dumpster. The contents of the purse included Turner’s checkbook. He picked up the checkbook and proceeded to a friend’s house on Ellis Street. On cross-examination, Waithe said that he had known this friend for about a year and a half. Waithe knew the friend’s first name as Steve, but could not remember Steve’s last name, the address of Steve’s house, or where Steve’s house was located on Ellis Street.

Waithe said that he asked Steve to forge a check for $300 payable to Waithe from Turner’s checkbook. In exchange, Waithe would give Steve $50 after cashing the check. Waithe stated that he then walked to the defendant’s house, where he slept during part of the day. When Waithe awoke in the afternoon, he asked the defendant to go with him to the bank. Waithe testified that the defendant did not know about the check until they arrived at the bank.

The defendant testified to a version of events substantially similar to Waithe’s version. Additionally, he stated that he was at home during the evening that the robbery occurred.

The jury found the defendant guilty of armed robbery. The cause proceeded to sentencing. Prior to imposing sentence the judge stated the following:

“That Waithe character that you caused to be put on the stand was a patent liar.
$ ^ ^
I’m also taking into consideration that you’re offering this Waithe character to me or to the trier of fact, the jurors, to consider.”

The judge then stated that no statutory mitigating factors applied. He said that the aggravating factors were the threat of serious harm caused by the defendant’s conduct, the defendant’s significant history of prior criminal activity, and the necessity to deter others from committing the same crime. The judge sentenced the defendant to 21 years’ imprisonment.

The defendant filed a pro se motion to reduce sentence, which was later supplemented by appointed counsel. In the supplemented motion, the defendant argued that it was improper for the trial court to consider “Waithe’s alleged perjured testimony in aggravation.” At the hearing, the judge stated, “This sentence, I felt, was appropriate and it still is appropriate in spite of the fact, or even considering the factors [the defendant] raises.” The court denied the defendant’s motion and the defendant appealed.

ANALYSIS

I. Reasonable Doubt

The defendant argues that the State failed to prove him guilty of armed robbery beyond a reasonable doubt.

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Cite This Page — Counsel Stack

Bluebook (online)
774 N.E.2d 469, 332 Ill. App. 3d 1091, 266 Ill. Dec. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcafee-illappct-2002.