People v. Negron

580 N.E.2d 1301, 220 Ill. App. 3d 754, 162 Ill. Dec. 882, 1991 Ill. App. LEXIS 1670
CourtAppellate Court of Illinois
DecidedSeptember 30, 1991
Docket1-88-0864
StatusPublished
Cited by10 cases

This text of 580 N.E.2d 1301 (People v. Negron) 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. Negron, 580 N.E.2d 1301, 220 Ill. App. 3d 754, 162 Ill. Dec. 882, 1991 Ill. App. LEXIS 1670 (Ill. Ct. App. 1991).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Following a jury trial, defendant Jose Negron was convicted of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9—1(a)(1)), armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18—2(a)), and conspiracy to commit robbery. (Ill. Rev. Stat. 1987, ch. 38, par. 8—2.) He was sentenced to 22 years’ imprisonment for the murder conviction, 22 years’ concurrent incarceration for the armed robbery conviction, and 2 years’ concurrent imprisonment for the conspiracy conviction. Defendant raises multiple issues upon review, challenging: (1) the trial court’s denial of defendant’s motion to suppress his inculpatory statements to police; (2) the trial court’s decision to allow two juries to hear certain evidence pertaining both to defendant’s trial and to the simultaneous trial of defendant’s codefendants; (3) the trial court’s admission into evidence of various testimony regarding defendant’s involvement in the crime; (4) the trial court’s exclusion of certain evidence offered by defendant in his defense at trial; (5) a remark by the prosecutor during closing argument to the jury; and (6) the sufficiency of the evidence against defendant to prove his guilt beyond a reasonable doubt. Defendant also argues that his conviction and sentence for conspiracy to commit robbery must be reversed, because he was also convicted for the offense of armed robbery. We affirm in part and reverse in part.

Defendant was tried and convicted for the murder and armed robbery of Frank Masic (Masic) that occurred on approximately February 15, 1987, in the victim’s apartment in the City of Chicago. Prior to trial, the defendant moved to suppress his incriminating statements to authorities regarding his involvement in the incident. Following a hearing, the trial court denied defendant’s motion to suppress. The evidence presented at the motion to suppress hearing is discussed below with respect to defendant’s claim on appeal that the trial court’s denial of his motion to suppress was against the manifest weight of the evidence.

Also prior to trial, the court allowed defendant’s motion to sever his case from that of his codefendants, Edwin Marrero, Angel Gonzalez, and Isabelo Nieves. Nieves was tried separately in a bench trial, and Marrero and Gonzalez were tried jointly by a single jury. Defendant was tried separately by a single jury. However, the court permitted the State to present to both the defendant’s jury and the MarreroGonzalez jury certain evidence that was common to these defendants.

The evidence heard by the defendant’s jury and the Marrero-Gonzalez jury consisted of the following: On February 17, 1987, Chicago police officer Ellen Weiss testified that in response to a report that Masic was missing, she went to Masic’s apartment but found no signs of forced entry. She also searched the area around the apartment building, unsuccessfully, for Masic’s automobile.

The next day, Helen Rosenberg, who owned the apartment building in which Masic lived, gave the key to Masic’s apartment to Brandecker, a maintenance worker at the apartment building, who unlocked the door to Masic’s apartment. As the door opened, Brandecker noticed that the wall was covered with blood. He closed the door to the apartment and the police were notified. Shortly thereafter, Brandecker opened the door to Masic’s apartment for Officer Kenneth Kasai, who entered the apartment. Officer Kasai found a body lying in a pool of blood, notified his superiors, and remained in the apartment to preserve the scene.

Detective Carey Orr, who was in charge of the investigation, arrived on the scene and found that the apartment was in disarray and that there was a great deal of blood on the floor and walls. He testified that Masic’s body was found on the floor in the bathroom, with his front pants pockets pulled inside out. Detective Orr also noticed that the victim had a puncture wound in his neck. The detective testified that he learned that Masic owned a car with the license plate FM 2004.

The following day, on February 19, 1987, Officer Kathleen Butzen received a call regarding a grey 1986 Chevy Celebrity with the license plate number FM 2004. She located the car near Sawyer and Emmett Streets in Chicago, and contacted the appropriate police personnel. Officer Frank Kajari and Detective Thomas Sappanos inspected the automobile and found that the license renewal indicated the car was owned by Masic. They also found that the trunk was empty and that there was no spare tire in the automobile.

Dr. Jo Ann Richmond, a forensic pathologist who performed the autopsy, testified that in her opinion, Masic died due to bleeding from five stab wounds, especially since one of the wounds pierced the jugular vein and voice box. Because of the extent of decomposition of the body, Dr. Richmond indicated that Masic probably died closer to February 14, 1987, the last date on which Masic was seen alive, although his body was found four days later, on February 18, 1987.

After the State presented this common evidence to both the defendant’s jury and the Marrero-Gonzalez jury, the State offered the following evidence regarding the defendant’s involvement in the Ma-sic armed robbery/murder. This evidence was heard solely by the jury empaneled to determine defendant’s guilt.

Efrain Sanchez Rivera (Rivera) testified that after he joined the Spanish Cobras gang in January 1986, he began selling marijuana for “Fat Man,” who lived at Sawyer and Emmett Streets in Chicago. Rivera would keep a certain amount from each sale and give the remainder to “Fat Man” or “Blonco.” Rivera identified “Blonco” in court as the defendant.

Rivera stated that in mid-February 1987, he was dealing marijuana outside “Fat Man’s” apartment. He saw a grey car parked outside the apartment, and two members of the Spanish Cobras, “T.C.” and “Tony Armor,” near the car. Rivera then saw “Fat Man” exit the driver’s side of the car, and saw defendant, along with other persons known to Rivera as “Poppo,” “Little Man,” and “Tuffy,” get out of the car. “Fat Man” gave Rivera the keys to the apartment and told Rivera to go upstairs to bag marijuana. Rivera did as he was directed.

After Rivera had been in the apartment for 10 or 15 minutes, he went to the living room window and saw “Poppo” and “T.C.” open the trunk to the grey car and take out a spare tire. “Fat Man” took off his jacket and Rivera noticed that the T-shirt “Fat Man” was wearing appeared to have blood smeared on it. Rivera saw “Fat Man” remove the T-shirt and place it in the rim of the tire. Rivera then saw “Fat Man” walk with “T.C.” and “Poppo,” who were carrying the tire, to the gangway where a dumpster was located. Rivera heard a slam and saw “Poppo” and “Fat Man” walk back to the apartment. The pair then entered the living room and began talking. Rivera heard “Poppo” ask “Fat Man,” “Why did you stab the man, like that?” Rivera asked them “what man[?]” and “Poppo” responded that it was “none of your [Rivera’s] *** business.” Thereafter, “Poppo” told “Fat Man” to “get the little shorty out of here,” and “Fat Man” told Rivera to go eat something. Rivera left the apartment and went home, passing the grey car that he had seen defendant and the others exit shortly before. He noticed that the automobile was a four-door Chevrolet with a license plate that began “FM 2.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Leak
925 N.E.2d 264 (Appellate Court of Illinois, 2010)
State v. Weaver
873 So. 2d 909 (Louisiana Court of Appeal, 2004)
People v. Marts
639 N.E.2d 1360 (Appellate Court of Illinois, 1994)
People v. Davis
626 N.E.2d 1187 (Appellate Court of Illinois, 1993)
People v. Bedell
624 N.E.2d 1308 (Appellate Court of Illinois, 1993)
People v. Rice
599 N.E.2d 1253 (Appellate Court of Illinois, 1992)
People v. Nilsson
595 N.E.2d 1304 (Appellate Court of Illinois, 1992)
People v. Dass
589 N.E.2d 1065 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
580 N.E.2d 1301, 220 Ill. App. 3d 754, 162 Ill. Dec. 882, 1991 Ill. App. LEXIS 1670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-negron-illappct-1991.