People v. Porter

660 N.E.2d 118, 213 Ill. Dec. 861, 277 Ill. App. 3d 194, 1995 Ill. App. LEXIS 962
CourtAppellate Court of Illinois
DecidedDecember 27, 1995
Docket1-94-0513
StatusPublished
Cited by23 cases

This text of 660 N.E.2d 118 (People v. Porter) 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. Porter, 660 N.E.2d 118, 213 Ill. Dec. 861, 277 Ill. App. 3d 194, 1995 Ill. App. LEXIS 962 (Ill. Ct. App. 1995).

Opinion

JUSTICE TULLY

delivered the opinion of the court:

Following a bench trial, defendant, Alfred Antoine Porter, was convicted of first-degree murder in violation of section 9 — 1(a)(1) of the Criminal Code of 1961 (720 ILCS 5/9 — 1(a)(1) (West 1992)) and four counts of attempted first-degree murder in violation of sections 8 — 4 and 9 — 1 of the Criminal Code of 1961 (720 ILCS 5/8 — 4, 9 — 1 (West 1992)) and sentenced to a 50-year prison term for the first-degree murder and to four consecutive 10-year terms for each of the attempted first-degree murder counts, for a total of 90 years. It is from the judgment of conviction that defendant now appeals to this court pursuant to section 6 of article VI of the Illinois Constitution (111. Const. 1970, art. VI, § 6) and Supreme Court Rule 603 (134 111. 2d R. 603).

For the reasons which follow, we affirm the judgment of the circuit court as modified herein.

FACTUAL BACKGROUND

Defendant’s convictions arose from a gang-related shooting that occurred at 8:15 p.m. on October 5,1992, at the intersection of Leavitt Street and Diversey Avenue in Chicago. David Ramos testified that he and four other members of the Latin Kings street gang, Jerry Davey, Jose M. Colon (hereinafter Jose M.), Jose A. Colon (hereinafter Jose A.) and Ramon Figueroa, were riding in a Chevrolet Blazer when they noticed a group of men standing on the corner. Jose M. rolled down the front passenger window and said, "[Wjhat’s up?” Defendant, who was standing in the group, told the man next to him to "get the shit.” The man reached into a car, pulled out a gun and fired two or three shots into the Blazer, striking the driver and causing the vehicle to crash into a dumpster. Ramos testified that the firing stopped for a few seconds, after which several additional shots were fired into the Blazer. Ramos was ducking under the seat at the time and did not see who fired the additional shots. Jose M. was killed by the gunfire, and Davey and Jose A. were wounded. Ramos and Figueroa were not injured.

The following day, Ramos identified defendant’s picture in a photographic array and subsequently picked him out of a lineup. Ramos testified that he had seen defendant in the neighborhood with his girl friend and knew him as "Antoine.” However, at the time Ramos first spoke to the police, he mistakenly believed defendant’s nickname was "Hodgey.” Ramos stated that defendant was about 20 feet from the car when the shooting occurred and that the area was well-lighted.

Jose A. testified that he recognized the group of men on the corner as members of the Mickey Cobras street gang. Like Ramos, Jose A. identified defendant as the man who said "get the shit” to the man next to him. However, Jose A. also testified that after the unidentified man fired the first shots, Jose A. looked up and saw defendant with the gun. Jose A. saw defendant fire a shot into the Blazer, then ducked down and heard approximately 10 more shots. Jose A. testified that,he did not know how old defendant was or what he was wearing, but that he recognized him as the boyfriend of Demetrice Williams. Jose A. identified defendant from a photographic array and in a lineup, but initially thought defendant’s nickname was "Hodgey.” He stated that "Hodgey” was in fact the nickname of a person who associated with defendant. According to Jose A., defendant and "Hodgey” did not look alike. Jose A. testified that he was a convicted felon and was awaiting trial on an attempted murder charge.

Davey, the driver of the Blazer, testified that after defendant said "get the shit,” another man fired shots into the car which hit Davey in the arm and caused him to crash the vehicle into a dumpster. He then heard several more shots, but could not see who was firing. Although Davey did not give a physical description of defendant, he identified him in a photographic array and a lineup and told the police that his name was Antoine. He knew defendant as Williams’ boyfriend and told the police to look for him at her house. Davey previously had been convicted of felonies and at the time of trial was awaiting sentencing for delivery of a controlled substance.

Figueroa testified that after the initial shots were fired, he looked up and saw defendant holding the gun and shooting into the Blazer. Figueroa was not wounded and subsequently identified defendant from a photographic array and in a lineup. He testified that he believed defendant’s nickname was "Hoggie” and gave that name to the police.

Officer Paul Bretz of the Chicago police department testified that Davey told him that the men on the street corner were members of the Vice Lords street gang rather than the Mickey Cobras gang.

Defendant presented the testimony of three acquaintances who stated that although they saw him at the crime scene, he was not the man who said "get the shit” and was not involved in the shooting. Joseph Myles testified that the men in the Blazer wore hoods over their heads and that the person in the front passenger seat fired into the crowd. An unidentified man in the crowd then produced an automatic weapon and fired shots into the vehicle. Quinton Jones corroborated Myles’ testimony in part, but did not mention a shot being fired from the Blazer. Faye Wallace, a resident of the neighborhood, testified that she saw two men firing into the Blazer and that neither was defendant.

At the sentencing hearing, defense counsel argued in mitigation that defendant, who was 19 years old at the time of the shooting, had no prior convictions, had obtained his high school equivalency degree and was employed. Defendant was the father of three young children and had been studying to become a fire fighter. The State argued that the serious nature of defendant’s conduct warranted a lengthy term of imprisonment. In imposing sentence, the trial court emphasized the nature of the offense, the need to protect society and the need to deter others from committing similar crimes. Defendant was sentenced to consecutive prison terms totaling 90 years.

ISSUES PRESENTED FOR REVIEW

On appeal, defendant contends that: (1) the sentences imposed on him were illegal and excessive; and (2) he was not proved guilty beyond a reasonable doubt.

OPINION

Defendant first contends that the trial court exceeded its statutory authority in ordering that all five sentences be served consecutively.

Section 5 — 8—4(a) of the Unified Code of Corrections provides as follows:

"The court shall not impose consecutive sentences for offenses which were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective, unless, one of the offenses for which defendant was convicted was a Class X or Class 1 felony and the defendant inflicted severe bodily injury, *** in which event the court shall enter sentences to run consecutively.” 730 ILCS 5/5 — 8—4(a) (West 1992).

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

Related

People v. Stoner
2024 IL App (2d) 230469-U (Appellate Court of Illinois, 2024)
People v. Cole
2024 IL App (2d) 230541-U (Appellate Court of Illinois, 2024)
People v. Bobo
874 N.E.2d 297 (Appellate Court of Illinois, 2007)
People v. Starnes
869 N.E.2d 834 (Appellate Court of Illinois, 2007)
People v. Phelps
Appellate Court of Illinois, 2001
People v. Wilder
749 N.E.2d 357 (Appellate Court of Illinois, 2001)
People v. Whitney
Appellate Court of Illinois, 1998
People v. Biggs
691 N.E.2d 48 (Appellate Court of Illinois, 1998)
People v. Syverson
Appellate Court of Illinois, 1997
People v. Curry
Illinois Supreme Court, 1997
People v. Kagan
669 N.E.2d 1239 (Appellate Court of Illinois, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
660 N.E.2d 118, 213 Ill. Dec. 861, 277 Ill. App. 3d 194, 1995 Ill. App. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-porter-illappct-1995.