People v. Nester

353 N.E.2d 23, 40 Ill. App. 3d 735, 1976 Ill. App. LEXIS 2833
CourtAppellate Court of Illinois
DecidedAugust 5, 1976
Docket12927
StatusPublished
Cited by6 cases

This text of 353 N.E.2d 23 (People v. Nester) 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. Nester, 353 N.E.2d 23, 40 Ill. App. 3d 735, 1976 Ill. App. LEXIS 2833 (Ill. Ct. App. 1976).

Opinion

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

Defendant, Charles Nester, was convicted of burglary, armed robbery, and attempted murder upon jury verdict (Ill. Rev. Stat. 1973, pars. 19 — 1, 18 — 2, 8 — 4, 9 — 1), and received the respective concurrent sentences of 4 to 12 years, 6 to 18 years, and 10 to 30 years. On this appeal, he argues that the trial court erred in limiting defense counsel’s cross-examination of a State’s witness, and that his sentences were excessive in relation to the sentences received by an accomplice.

The victims, Paul McCandless, Debbie Suttle and Tom Prindiville, were the principal witnesses for the State. At about 9 p.m. on September 7, 1973, Paul McCandless, Debbie Suttle and Tom Prindiville left McCandless’ apartment to go to the Red Lion, an entertainment club. Upon their departure, they locked both doors to the apartment. Upon their return around midnight, McCandless, followed by Ms. Suttle and Mr. Prindiville in that order, went up the stairs to the apartment and approached the door. As McCandless opened the door, he and Ms. Suttle were pulled into the apartment. There were four men in the room, including the defendant, and each carried a handgun.

After McCandless and Ms. Suttle were placed up against the wall, Prindiville began running down the stairs. One of the men shouted, “Stop him, don’t let him get out!” and one of the four men followed by the defendant stepped out on to the stairwell landing. While McCandless could see both men on the landing raising their arms in motion to fire down the stairwell, he could not actually see their hands. He next heard three or four shots, but did not specifically observe either person on the landing fire a gun. Ms. Suttle also heard the shots but, like McCandless, she could see their bodies but not their hands.

After the shooting stopped, the defendant and the other man came back into the apartment. While pointing a handgun at them, the defendant demanded their money. McCandless handed the defendant his wallet containing *140, and Ms. Suttle gave the defendant what money she had. The defendant told them to go into the bedroom and escorted them there. After telling them to sit quietly, the defendant left the bedroom, closing the door behind him. After remaining in the bedroom a few minutes, they came out, found no one in the apartment, and called the police. Items which had been in the apartment upon their departure, the couch, chair, two end tables, one lamp, a television set, a couple of sleeping bags, and some clothes were missing. The next morning McCandless found his wallet in a closet with the *140 missing.

Tom PrindiviUe testified that, as he reached the top of the stairweU landing, he could see three or four people with guns in the apartment. He slammed the door and ran down the stairs to get help. He then heard some people come to the top of the landing and heard some shots. He made it about halfway down the stairs before he feU and ended up lying at the bottom of the stairs. Upon looking up, he saw two people re-enter the apartment. He then ran across the street and eventuaUy got help, whereupon he was taken to the hospital by ambulance. Mr. PrindiviUe was treated for two bullet wounds in the left shoulder area.

. Defendant first aUeges error in the trial court’s limitation of defense counsel’s cross-examination of Paul McCandless. On cross-examination, defense counsel questioned witness McCandless as to his present residence. The State objected. Outside the presence of the jury, the State, after informing the court that McCandless was under indictment for two felonies and residing in the McLean County jaU, sought a protective order prohibiting any question directed toward McCandless’ present location. In granting the State’s motion, the trial court informed defense counsel that the order precluded any questions on charges pending against the witness. Thereafter, in the presence of the jury, defense counsel asked whether the State’s Attorneys of Cook, McLean, or any county had offered any promises or rewards for his testimony in this case, and witness McCandless said “No.”.

While a reviewing court wiU not generaUy interfere with a trial court’s ruhng concerning the latitude allowable on cross-examination of a witness unless that ruling was clearly abusive and resulted in a manifest prejudice to the defendant, (People v. Halteman (1956), 10 Ill. 2d 74, 139 N.E.2d 286), the widest latitude should be given the defendant in cross-examining for the purpose of establishing bias of a witness. (People v. Naujokas (1962), 25 Ill. 2d 32, 182 N.E.2d 700.) A witness may be cross-examined concerning those circumstances relating to a pending charge where it would reasonably tend to indicate that his testimony might be influenced by interest, bias or a motive to testify falsely. People v. George (1971), 49 Ill. 2d 372, 380, 274 N.E.2d 26; People v. Mason (1963), 28 Ill. 2d 396, 400-401, 192 N.E.2d 835.

The principle argued by defendant is directed to establishing a possible motivation for the witness, McCandless, to testify falsely in the hope of obtaining a more favorable treatment in the disposition of charges pending against him at the time of this trial. As the State’s Attorney points out McCandless was a principal victim of the burglary and the armed robbery and so had the motivation of the ordinary victim of an offense who testifies in the prosecution. The record clearly shows that McCandless joined immediately in reporting the offenses and gave the information which permitted the police to identify and locate the defendant.

We have examined People v. Mason (1963), 28 Ill. 2d 396, 192 N.E.2d 835; People v. Norwood (1973), 54 Ill. 2d 253, 296 N.E.2d 852; People v. Barr (1972), 51 Ill. 2d 50, 280 N.E.2d 708, and People v. Vagil (1973), 9 Ill. App. 3d 726, 292 N.E.2d 557. In these and other comparable cases we have discovered no instance where the rule of Mason and Barr encompasses cross-examination concerning pending charges against the victim of burglary and armed robbery. Thus, in Mason, the court considered the cross-examination in the light of the motivation of arresting officers who themselves became subject to subsequent pending charges. In Barr, the witness identifying the defendant and corroborating the details of the robbery had himself been charged with regard to his possession of the automobile of the same robbery victim but the charges were dropped. In Norwood, the denial of cross-examination was error as to a witness who was the only one to implicate defendant in the murder and the charges upon the same murder were dropped as to the witness. In Vagil, the charge of auto theft was stricken with leave to reinstate as to the sole witness who could testify concerning defendant’s access to fraudulent titles. In each of these opinions, except as to Barr, it appears that there was substantial evidence tendered in defense.

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

Related

People v. Wilkerson
463 N.E.2d 139 (Appellate Court of Illinois, 1984)
People v. Ziegler
396 N.E.2d 1160 (Appellate Court of Illinois, 1979)
People v. Wagner
395 N.E.2d 414 (Appellate Court of Illinois, 1979)
People v. Robinson
386 N.E.2d 165 (Appellate Court of Illinois, 1979)
People v. Mullinax
384 N.E.2d 1372 (Appellate Court of Illinois, 1979)
People v. Driver
376 N.E.2d 803 (Appellate Court of Illinois, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
353 N.E.2d 23, 40 Ill. App. 3d 735, 1976 Ill. App. LEXIS 2833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nester-illappct-1976.