People v. Nicholls

603 N.E.2d 696, 236 Ill. App. 3d 275, 177 Ill. Dec. 626, 1992 Ill. App. LEXIS 1582
CourtAppellate Court of Illinois
DecidedSeptember 30, 1992
Docket1-90-2422
StatusPublished
Cited by3 cases

This text of 603 N.E.2d 696 (People v. Nicholls) 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. Nicholls, 603 N.E.2d 696, 236 Ill. App. 3d 275, 177 Ill. Dec. 626, 1992 Ill. App. LEXIS 1582 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, defendant, Wayne Nicholls, was found guilty of attempted armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2) and armed violence (Ill. Rev. Stat. 1989, ch. 38, par. 33A — 2). Defendant’s motion for a new trial was denied. The trial judge sentenced defendant to nine years in the Illinois Department of Corrections.

On November 3, 1989, Billy Nicholls drove a blue Ford to a location in Markham, Illinois, known for drug deals. An unidentified person sat in the passenger seat. Someone in Billy’s car shot Xavier Chambers (victim), a drug dealer, in the back. Chambers said the name of the person who shot him was “George.” However, defendant, Wayne Nicholls, was found guilty of attempted armed robbery and armed violence. Defendant is the brother of Billy’s father, Clarence Nicholls, Sr., and he is Billy’s uncle.

The passenger in Billy’s car beckoned to Chambers. Chambers approached the blue Ford and was directed to come to the driver’s side. Chambers testified that after a short conversation, the passenger said, “This is a stick-up.” When Chambers attempted to escape, he was shot in the back with a gun owned by Clarence Nicholls. Chambers testified that he was shot by the passenger. Nevertheless, at trial, he could not identify defendant as the person who shot him.

When Officer John McLaughlin arrived on the scene, he was informed by Chambers that he had heard the name “George” used to address the person who shot him. Of the two people in the blue Ford, Chambers could only identify the driver, Billy Nicholls. Yet, he Specifically described the passenger as a white male who was slightly overweight, wearing a mustache. He testified that the passenger’s hair was unkempt, balding on top and appeared to be dark in color.

Clarence Nicholls testified that on November 6, 1989, he discovered that his .38 special was missing. He testified that defendant was familiar with that particular gun and knew where Clarence kept his guns. Clarence also testified that his relationship with defendant had become strained since defendant’s involvement with drugs.

Defendant testified that on November 3, 1989, he and Billy were drinking at a bar called the “Worst Pub” located at 139th Street and Western Avenue between 3:30 and 7:30 p.m. Defendant did not leave the bar during that time. However, for IV2 hours Billy was not in the company of defendant. Defendant spent that time sitting at a table chatting with some of the other patrons of the bar. When Billy returned to the bar, defendant did not question him as to his whereabouts for the past V-lz hours.

Defendant further testified that he had not seen or handled his brother’s guns and that he did not use cocaine. Clarence Nicholls testified to the contrary with respect to both the handling of guns and the use of cocaine. Defendant testified that he did not have a mustache on the day in question and that his hair was longer on the day in question than it was at trial. In police photographs taken of defendant on October 27, 1989, he did have a mustache. The parties stipulated that these photographs were taken from the arrest file of defendant at the Posen police department. Defendant also testified that he had lost weight since November 3,1989.

Billy Nicholls also testified as to the whereabouts of defendant on Friday, November 3, 1989. Sometime after 3 p.m., at the direction of defendant, Billy drove to a bar located at 139th and Western Avenue. While at the bar, Billy and defendant shared a pitcher of beer. Billy left his seat to call his girl friend. When he returned, defendant asked Billy to take him to Robbins to buy some drugs. Billy refused and also refused to allow defendant to use his car. Defendant then suggested that they go to Markham. Billy agreed and drove defendant to a neighborhood called Bel Air, located at 155th and Kedzie. Defendant gave Billy directions as to where to turn.

Billy drove to a location where two men in a brown car motioned him to follow them. When the cars stopped, the driver of the brown car approached Billy’s car, going toward the passenger side. Since the passenger side window was broken, he had to approach on Billy’s (the driver) side.

Billy further testified as to the conversation between defendant and the driver of the brown car. Defendant said, “Did you get anything[?]” The driver responded, “What do you need[?]” and produced a small container from his pocket. At that point, defendant, armed with a gun, lunged across the seat, held the gun out the driver’s side window and told the man to give him everything he had. The driver turned to run away, but was shot by defendant. Billy also testified that defendant shot the driver of the brown car from a distance of about two feet. After the incident, defendant said to Billy, “Go.” Billy left promptly. He dropped off defendant at another bar. This one was located at 147th and Kedzie.

The testimony of Billy Nicholls was questioned by the defense for several reasons. First, the charges against him were dropped in exchange for his giving a truthful statement. Second, at the time of his testimony, he was on reporting supervision for the charge of battery of a police officer. Then, when Billy was charged, he gave the police three different statements. Only the last statement implicated defendant. Officer McLaughlin was told that Billy frequented the area where the shooting took place. Billy denied this but did admit knowing of the area. It was also clear that Billy was familiar with the location of the gun used in the shooting as well as with the gun itself. Finally, Chambers identified his assailant as someone named “George.”

Defendant also finds it questionable that Chambers was never shown photographs taken of defendant at the Cook County jail on November 8, 1989. In that photograph (People’s exhibit No. 8), defendant had no mustache and his hair was shorter than in the photograph taken on October 27, 1989. However, defendant testified that he could not remember whether or not he had his hair cut between November 3 and November 6, 1989. Further, the record states that defendant testified that he periodically shaved his mustache and then let it grow back.

On appeal, defendant contends that (1) he was not proved guilty beyond a reasonable doubt, and (2) the trial court erred by applying the doctrine of completeness and admitting the out-of-court statement of a State’s witness.

We affirm.

The first issue on appeal is whether defendant was properly found guilty beyond a reasonable doubt. When reviewing the sufficiency of the evidence presented at trial, the inquiry on appeal is whether, “ ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” (Emphasis in original.) People v. Young (1989), 128 Ill. 2d 1, 49, quoting Jackson v. Virginia (1979), 443 U.S. 307, 318-19, 61 L. Ed. 2d 560, 573-74, 99 S. Ct. 2781, 2788-89.

Defendant argues that Billy’s uncorroborated testimony is to be viewed with caution and skepticism.

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People v. E.H.
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700 N.E.2d 1044 (Appellate Court of Illinois, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
603 N.E.2d 696, 236 Ill. App. 3d 275, 177 Ill. Dec. 626, 1992 Ill. App. LEXIS 1582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nicholls-illappct-1992.