People v. Ramos

920 N.E.2d 504, 396 Ill. App. 3d 869, 336 Ill. Dec. 295, 2009 Ill. App. LEXIS 1184
CourtAppellate Court of Illinois
DecidedDecember 4, 2009
Docket1-07-3244
StatusPublished
Cited by37 cases

This text of 920 N.E.2d 504 (People v. Ramos) 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. Ramos, 920 N.E.2d 504, 396 Ill. App. 3d 869, 336 Ill. Dec. 295, 2009 Ill. App. LEXIS 1184 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

In this appeal, we determine whether the trial court’s impromptu comments to the jury served to encourage superficial deliberations, minimize the State’s burden of proof, or hasten the jury’s verdict. Alfredo Ramos was convicted of two counts of first degree murder and sentenced to a term of natural life in prison. On appeal, defendant contends the State’s closing argument as well as the trial judge’s comments to the jury denied him a fair trial. He does not challenge the sufficiency of the evidence or the sentence imposed. For the reasons explained herein, we affirm defendant’s conviction and sentence.

BACKGROUND

Defendant and his codefendant, Marcos Ramirez, were charged by indictment with the first degree murders of Marcos Rodriguez and Oscar Gutierrez Suarez 1 . Following separate, simultaneous jury trials, defendant was convicted and subsequently sentenced to serve a term of natural life imprisonment.

The events giving rise to the prosecution occurred on July 10, 2001, when Marcos Rodriguez and Oscar Gutierrez Suarez were shot in a Burger King parking lot in Chicago. Rodriguez and Suarez were passengers in a vehicle driven by Julio Avila. Suarez and Avila were, at that time, narcotics dealers. Earlier that week, on July 7, 2001, Suarez approached Avila looking to sell a kilogram of cocaine. Avila knew an individual by the name of “Nok” who might be interested in purchasing it. Nok agreed to purchase the kilogram in exchange for $14,000 and two laptop computers. At the time of the exchange, Nok did not give Avila any money. Instead, the two men agreed to meet the next day. The following day Nok gave Avila $2,000 and told him he would give him an additional $3,000 and the two laptops on July 9, 2001.

Suarez, along with Marcos Rodriguez and Gladys Torres, picked up Avila from his job at about 11:30 p.m. on July 9, 2001. Avila had not previously met the two passengers. In turn, Avila spoke with Nok, who told him that someone else would be delivering the $3,000. Suarez then received a call on his cellular phone from a person calling on behalf of Nok. They agreed to meet near Foster and Pulaski. Suarez received another call; Avila took the call and agreed to meet the caller in Chicago’s Wicker Park neighborhood. Avila asked for and received a number to call on arrival in Wicker Park. Rodriguez wrote the pager number down on a one-dollar bill as Avila repeated it from the caller. They sent a page and received a call back directing them to the parking lot in the rear of a Burger Fang restaurant on North Milwaukee Avenue.

Once the car was parked, Avila stepped out of the car so he could be recognized. During his last conversation with the caller about the meeting, Avila mentioned that he was wearing an “Ecko” T-shirt so the caller could identify him. Avila walked toward Honoré Street and stood on the sidewalk where he saw a person standing next to a pay phone. This person, identified as Marcos Ramirez, walked past Avila, who then began to walk back toward the Burger King parking lot. Avila then saw another man approaching from the drive-thru lane, who Avila thought was the person he was meeting to get the $3,000. This individual, identified as defendant, increased his pace, drew a gun, aimed, and fired at Avila. Defendant continued to fire into the victims’ vehicle five or six times. Avila began to run away and defendant followed. When Avila turned he could see the gun pointed at him, but he never heard any additional shots. Defendant then fled in another direction.

Gladys Torres climbed into the front seat of the vehicle and began to drive to get help for Rodriguez and Suarez, who had been shot by defendant. She drove down North Avenue until she encountered a police car. Shortly thereafter, Avila returned to the area in a taxicab. Both Torres and Avila spoke with detectives on the scene and at Area 5 police headquarters. Based on these conversations and evidence recovered at the scene, detectives traced the pager number written on the dollar bill to Ramirez. After Ramirez’s photograph was placed in a photo array, he was identified by Avila. In turn, the detectives located Ramirez and took him into custody. Utilizing information obtained from Ramirez, detectives began to look for defendant. Following his arrest, defendant was identified by both Torres and Avila in a lineup.

During the course of custodial questioning, defendant gave an oral statement to investigators inculpating himself in the shooting. According to defendant, he and his cousin, Ramirez, were going to set someone up, take $3,000 from him, and split the proceeds. Ramirez told defendant they would meet the man, who would be wearing an “Ecko” T-shirt at the Burger King on Milwaukee Avenue in Wicker Park. Ramirez provided him with a loaded .38-caliber handgun. Defendant walked through the drive-thru lane toward the individual in the “Ecko” shirt who had just gotten out of a car, pulled his pistol, and demanded money. He claimed the man in the “Ecko” shirt yelled to the passengers in the vehicle, “oh, shit, get the cannon.” According to defendant, he then saw the male in the passenger seat reach beneath the driver’s seat. Defendant began to fire at the vehicle until he was out of bullets. He denied ever seeing the passenger with a gun.

Defendant did not testify. Following arguments and instructions, the jury returned a verdict of guilty. Thereafter, he was sentenced to a term of natural life. He now appeals.

ANALYSIS

As noted, defendant does not challenge the sufficiency of the evidence. Instead, his arguments urging reversal are based upon the contention that he was denied a fair trial by virtue of the State’s closing argument and certain comments made by the trial judge to the jury. Defendant concedes these claimed errors were not objected to at trial or specifically raised in his posttrial motion 2 . The State argues they are thereby forfeited 3 . Defendant responds that the plain-error doctrine applies and permits review.

It is axiomatic that a defendant must object contemporaneously as well as in a posttrial motion in order to preserve issues for our review. People v. Lewis, 234 Ill. 2d 32, 40, 912 N.E.2d 1220, 1225 (2009); see also 725 ILCS 5/116 — 1 (West 2006). Ordinarily, failure to do so would operate to forfeit the claim on appeal; however, forfeiture is not an absolute bar to our review. Established precedent instructs that the rules of forfeiture present limitations on the parties and not on the reviewing court. People v. Davis, 213 Ill. 2d 459, 470, 821 N.E.2d 1154, 1161 (2004). Moreover, Supreme Court Rule 615(a), known as the “plain-error” doctrine, carves out an exception to permit review of issues otherwise procedurally defaulted. Lewis, 234 Ill. 2d at 42, 912 N.E.2d at 1226-27; 134 Ill. 2d R. 615(a). As our supreme court observed in People v. Piatkowski:

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Bluebook (online)
920 N.E.2d 504, 396 Ill. App. 3d 869, 336 Ill. Dec. 295, 2009 Ill. App. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ramos-illappct-2009.