People v. McNeal

642 N.E.2d 719, 267 Ill. App. 3d 476, 204 Ill. Dec. 818, 1994 Ill. App. LEXIS 916
CourtAppellate Court of Illinois
DecidedJune 15, 1994
DocketNo. 1—91—1717
StatusPublished

This text of 642 N.E.2d 719 (People v. McNeal) 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. McNeal, 642 N.E.2d 719, 267 Ill. App. 3d 476, 204 Ill. Dec. 818, 1994 Ill. App. LEXIS 916 (Ill. Ct. App. 1994).

Opinion

PRESIDING JUSTICE TULLY

delivered the opinion of the court:

Following a double jury trial, defendant, Carlos McNeal, and co-defendant, Frederick Williams, were convicted of aggravated criminal sexual assault in violation of section 12 — 14 of the Criminal Code of 1961 (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 14 (now 720 ILCS 5/12 — 14 (West 1992))) and armed robbery in violation of section 18 — 2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2 (now 720 ILCS 5/18 — 2 (West 1992))). Williams’ case is not at issue in this appeal. Defendant was sentenced to serve two consecutive terms of 16 years’ imprisonment for each offense. It is from the judgment of conviction that defendant now appeals to this court pursuant to Supreme Court Rule 603 (134 Ill. 2d R. 603).

For the reasons which follow, we affirm.

FACTUAL BACKGROUND

The following facts were adduced at trial. On July 7, 1990, at about 9 p.m., complainants, Rita Thomas and Samuel Hawkins, were walking on 117th Street near Wentworth Avenue in Chicago to visit an acquaintance. That individual was not home. Hawkins and Thomas then decided to go to 116th Street and Wentworth Avenue to visit Henry Chambers, Hawkins’ brother-in-law. On their way to Chambers’ home, the couple passed defendant and Williams. When approaching Chambers’ house, Hawkins realized Chambers was not home as his car was gone. The couple testified that they then turned back and on their way were approached by defendant and Williams. Complainants stated that Williams then asked them if they wanted to buy some marijuana. Hawkins refused and the couple continued walking.

Hawkins recounted that he was then grabbed from behind and a gun was placed to his head. Thomas recalled that after Williams produced the gun, Williams told her and Hawkins to keep walking. The couple was then led to a gangway where Hawkins was ordered to lie down. Williams took a gold chain and cross, appointment book, wristwatch and cash from Hawkins.

Thomas testified that while Williams was robbing Hawkins, defendant ordered her to lie down on the ground. Defendant took Thomas’ cash and jewelry and tried to kiss her. Defendant then fondled Thomas’ breasts and digitally penetrated her vagina. Finally, both men fled the crime scene.

Thomas and Hawkins went to the police station to report the crime. At the station, complainants spoke to Officers Luis Vega and Eric Washington. Later that night, the two officers drove complainants back to the scene of the crime and around the area. While riding with police, complainants saw defendant on the street and identified him as one of the offenders. Officer Vega recounted that he observed defendant trying to hide behind his companion, Lee Holmes, while dropping jewelry from his pockets. Both defendant and Holmes testified that defendant did not drop any jewelry from his pockets and that the shorts he was wearing that night did not have any pockets.

Officers Washington and Vega testified that after they arrested defendant and informed him of his Miranda rights, defendant told them that Williams robbed complainants and that he had no part in the crime. At trial, defendant denied making this statement to the police. Both defendant and Williams denied robbing complainants or that defendant sexually assaulted Thomas.

Williams did admit to meeting Hawkins on the night in question but that it was in the context of selling him a bogus bag of cocaine which contained soap shavings. Williams claimed that Hawkins traded him $9 and the jewelry for the fake drugs. Hawkins denied ever having entered into any such transaction.

At the conclusion of trial, both juries found defendants guilty as charged.

ISSUES PRESENTED FOR REVIEW

On appeal, defendant argues that: (1) the State racially discriminated in its exercise of peremptory challenges; and (2) the State failed to prove him guilty of the charges beyond a reasonable doubt.

OPINION

Defendant, who is African-American, first contends that the trial court erred in finding that the State offered sufficient race-neutral explanations for its use of peremptory challenges to exclude three African-Americans from the jury. During voir dire, the State used 10 peremptory challenges: one challenge was used against an individual described in the record as an Egyptian, three were against whites and three were against African-Americans. The jury which convicted defendant contained 10 white jurors and 2 African-Americans.

The United States Supreme Court in Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, held that the intentional use of peremptory challenges to exclude African-Americans from a jury violates equal protection of law as guaranteed by the fourteenth amendment. Pursuant to Batson, a defendant must initially demonstrate a prima facie case of racial discrimination, thus shifting the burden to the State to give a race-neutral explanation for each peremptory challenge to which defendant objected. (Batson, 476 U.S. at 96-97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723.) The initial issue of whether a defendant has made a prima facie showing, however, becomes moot "[o]nce a prosecutor has offered a race-neutral explanation for the peremptory challenges and the trial court has ruled on the ultimate question of intentional discrimination ***.” (Hernandez v. New York (1991), 500 U.S. 352, 359, 114 L. Ed. 2d 395, 405, 111 S. Ct. 1859, 1866.) Here, because the State gave explanations for its use of peremptory challenges at issue and the trial court ruled these explanations were race-neutral, the question of whether defendant put forth a prima facie case is moot. Thus, we turn to the question of whether the trial court erred in finding that the explanations given by the State were sufficiently race-neutral.

"In reviewing the trial court’s finding of whether the defendant established purposeful discrimination, we are mindful that a trial court’s determination is a finding of fact and will not be overturned on review unless it is found to be clearly erroneous.” People v. Andrews (1993), 155 Ill. 2d 286, 293-94, 614 N.E.2d 1184; see also People v. Hope (1992), 147 Ill. 2d 315, 589 N.E.2d 503; People v. Powell (1991), 224 Ill. App. 3d 127, 586 N.E.2d 589.

A prosecutor must show more than an intuitive judgment that black jurors will favor black defendants, but the prosecutor’s explanations "need not rise to the level justifying exercise of a challenge for cause.” (Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723.) A prosecutor need only "articulate a neutral explanation related to the particular case to be tried.” (Batson, 476 U.S. at 98, 90 L. Ed. 2d at 88, 106 S. Ct.

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Related

Batson v. Kentucky
476 U.S. 79 (Supreme Court, 1986)
Hernandez v. New York
500 U.S. 352 (Supreme Court, 1991)
People v. Andrews
614 N.E.2d 1184 (Illinois Supreme Court, 1993)
People v. MacK
538 N.E.2d 1107 (Illinois Supreme Court, 1989)
People v. Enoch
522 N.E.2d 1124 (Illinois Supreme Court, 1988)
People v. Hooper
552 N.E.2d 684 (Illinois Supreme Court, 1989)
People v. Eyler
549 N.E.2d 268 (Illinois Supreme Court, 1989)
People v. Pintos
549 N.E.2d 344 (Illinois Supreme Court, 1989)
People v. Medeiros
618 N.E.2d 1065 (Appellate Court of Illinois, 1993)
People v. Hope
589 N.E.2d 503 (Illinois Supreme Court, 1992)
People v. Collins
478 N.E.2d 267 (Illinois Supreme Court, 1985)
People v. Campbell
586 N.E.2d 1261 (Illinois Supreme Court, 1992)
People v. Powell
586 N.E.2d 589 (Appellate Court of Illinois, 1991)

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Bluebook (online)
642 N.E.2d 719, 267 Ill. App. 3d 476, 204 Ill. Dec. 818, 1994 Ill. App. LEXIS 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcneal-illappct-1994.