People v. Miller

589 N.E.2d 617, 225 Ill. App. 3d 92, 168 Ill. Dec. 217, 1992 Ill. App. LEXIS 79
CourtAppellate Court of Illinois
DecidedJanuary 24, 1992
Docket1-89-1071
StatusPublished
Cited by9 cases

This text of 589 N.E.2d 617 (People v. Miller) 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. Miller, 589 N.E.2d 617, 225 Ill. App. 3d 92, 168 Ill. Dec. 217, 1992 Ill. App. LEXIS 79 (Ill. Ct. App. 1992).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Defendant, Robert Miller, was found guilty by a jury of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18—2), and sentenced to 10 years’ imprisonment. He appeals, contending that he was denied a fair trial and his right of confrontation where the State made comments in opening and closing arguments and elicited testimony implying that he had been named as an accomplice by a nontestifying codefendant, and that the trial judge erred in not allowing him to introduce evidence to correct the erroneous implication. Defendant further contends that his sentence should be reduced or, alternatively, that he should be granted a new sentencing hearing, because the trial judge’s characterization of the offense as “very aggravated” was not supported by the evidence. For the reasons set forth below, we affirm.

Facts

Defendant, Robert Miller, was charged, along with Willie Gibson, Joseph Williams and Julius Moore, with the August 28, 1986, armed robbery of Leonard McKinnon. The defendants were tried separately.

In opening statements to the jury, the prosecution said that the defendant was one of a group of individuals who robbed McKinnon at gunpoint. The police apprehended one of the robbers, Willie Gibson, who was wearing a jacket taken from McKinnon. The prosecution went on to say “that individual, Gibson, was questioned and that led to the arrest of Robert Miller and that’s the individual who’s on trial today.”

Counsel for defendant, in his opening statement, said that Gibson did not give the police defendant’s name or address, but rather the name and address of another co-offender, Julius Moore. When the police went to Moore’s apartment, they happened to find the defendant asleep in the apartment, but found no evidence directly on him linking him to the crime.

The victim, McKinnon, testified that he was 55 years old and retired from the Illinois National Guard. On the evening of April 27, 1986, he had gone to a lounge at 41st and Wells at seven or eight o’clock after umpiring a softball game. He left the bar in his car at about 12:30 or one o’clock, after drinking approximately six beers. He was headed to an all-night diner at 61st and King Drive to get a sandwich.

At 48th and Michigan, he pulled into a lot to relieve himself. When he finished, he looked up and saw a small caliber pistol in his face. The person holding the gun told him “this is a stick-up” and to back up. When McKinnon backed up, he saw three other individuals ransacking the interior of his car. One of them took his car keys and opened and searched the trunk. The individual with the gun then told McKinnon to take off his jacket and gym shoes, give him his money and lie down. McKinnon obeyed. According to McKinnon, they took over $300 in currency and a coin purse containing a silver dollar and two Kennedy half dollars. They also took his sports watch and 14-carat gold ring with a cateye in it.

McKinnon remained on the ground facedown until he saw the four individuals on the other side of Michigan Avenue. He then went to the street and flagged down a patrol car. Upon telling the officers that he had just been robbed, they took him to the police station at 51st and Wentworth. About half an hour later, the police brought in an individual (later identified as Willie Gibson) who was wearing McKinnon’s jacket, a blue jacket with “Chicago” down the side and “Leonard” on it, and McKinnon’s new Etonic gym shoes.

McKinnon then went home, but returned to the station the next morning when asked to by the police. There he identified three individuals in a lineup, one of whom was the defendant.

McKinnon also identified the defendant in open court, but was unable to describe with specificity what defendant was doing during the robbery. He could only say that the defendant was one of three individuals going through his car and trunk while a fourth person held a gun to him.

An assistant State’s Attorney testified for the State. He interviewed the defendant on August 28, 1986. After being advised of his constitutional rights, defendant made an oral statement to him, which was later reduced to writing and signed by the defendant.

In the statement, defendant said that he was with his friends when Julius suggested that they “should make some money by robbing guys who were with prostitutes.” According to defendant’s statement, they saw the victim with a prostitute having sex in his car. After the prostitute was gone, defendant waited on the corner as a lookout, while the others went over to McKinnon and robbed him at gunpoint. The group then went to a submarine place. Defendant went home after being given a silver dollar, two Kennedy half dollars and some change by Julius Moore.

Officer Kaye Hajduk of the Chicago police department testified that on August 28, 1986, at 2:20 a.m. she was driving down Michigan Avenue on routine patrol with her partner Officer Laurel Johnson. They were flagged down by McKinnon, who told them that he had just been robbed. He told them that the robbers had taken his jacket, shoes, cash and coins.

After driving McKinnon to the station, they continued on patrol. About a half hour later, they observed a male black wearing the jacket he had described. He was also wearing McKinnon’s gym shoes. Hajduk and Johnson placed this individual, later identified as Willie Gibson, under arrest, and transported him to the police station.

Following a conversation with Gibson, Hajduk and her partner Johnson, together with Detectives Utter and Dwyer, went to 4500 South State, apartment 905. The door was opened by a woman, who allowed the police to enter. In the bedroom, the detectives found the defendant and placed him under arrest.

On cross-examination, defense counsel asked Officer Hajduk about her conversation with Gibson:

"Q. Now, you had a conversation with Mr. Willie Gibson, is that correct?
A. Yes.
Q. He gave you some information, is that correct?
A. Yes.
Q. He gave you some names, I believe you said?
A. Yes.
Q. He gave you the name of Julius, is that correct?”

The State objected on the grounds of hearsay, and the court sustained the objection.

In his offer of proof, defense counsel elicited that if permitted to answer, Officer Hajduk would testify that Gibson gave the police the name and address of Julius Moore, not that of defendant Miller.

Detective Robert Utter testified about the arrest of the defendant. When he went into the bedroom of apartment 905 at 4500 South State, he found defendant sleeping on the bed. After defendant got out of bed, Utter noticed some coins underneath him on the bed. These were a silver dollar and two Kennedy half dollars. Defendant was placed under arrest. Julius Moore was also arrested at the apartment.

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Bluebook (online)
589 N.E.2d 617, 225 Ill. App. 3d 92, 168 Ill. Dec. 217, 1992 Ill. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miller-illappct-1992.