People v. Renehan

589 N.E.2d 866, 226 Ill. App. 3d 453, 168 Ill. Dec. 466, 1992 Ill. App. LEXIS 323
CourtAppellate Court of Illinois
DecidedMarch 6, 1992
Docket1-90-0285
StatusPublished
Cited by5 cases

This text of 589 N.E.2d 866 (People v. Renehan) 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. Renehan, 589 N.E.2d 866, 226 Ill. App. 3d 453, 168 Ill. Dec. 466, 1992 Ill. App. LEXIS 323 (Ill. Ct. App. 1992).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

After a jury trial, defendant, Daniel Renehan, was convicted of aggravated battery based on great bodily harm, aggravated battery based upon a deadly weapon, and armed violence. (Ill. Rev. Stat. 1989, ch. 38, pars. 12—4(a), 12—4(b)(1), 33A—2.) The underlying felony for the armed violence conviction was aggravated battery based upon great bodily harm. (Ill. Rev. Stat. 1989, ch. 38, par. 12—4(a).) The circuit court of Cook County entered judgment on the convictions and sentenced defendant to a six-year term on the armed violence conviction and two five-year terms on the aggravated battery convictions to run concurrently.

Defendant’s appeal raises four issues: (1) whether the State improperly shifted the burden to defendant at trial when it questioned defendant about potential witnesses; (2) whether the trial court’s jury instruction on self-defense was proper; (3) whether the armed violence conviction may stand in light of the Illinois Supreme Court’s decisions in People v. Alejos (1983), 97 Ill. 2d 502, 455 N.E.2d 48, and People v. Fernetti (1984), 104 Ill. 2d 19, 470 N.E.2d 501; and (4) whether the armed violence conviction based upon aggravated battery constituted a double enhancement.

Paul Duke, the victim, testified that he and defendant originally met at a bar through a mutual friend. Several days later, Duke moved into defendant’s apartment, paying rent weekly. Duke did landscape work for defendant for several months, but then found another job. He continued to reside in defendant’s apartment.

On February 16, 1989, Duke and a co-worker arrived at the bar in the afternoon and began drinking beer. About one hour later, defendant arrived, and began drinking. Duke testified that defendant was angry at Duke for not speaking to him when he arrived at the bar and asked Duke if he and the co-worker had been talking about him. Duke responded that they had not been talking about him. When defendant repeatedly accused Duke of talking behind his back, Duke moved away. Duke stated that defendant left the bar angry because he believed that Duke and others had been talking and laughing about him. Duke left the bar about one hour later and walked to the apartment. Duke opened the two outer doors of the building, but did not have a key to the lock on the apartment door. He knocked on the door and defendant let him in, but they did not speak. Duke turned on the television, sat on the sleeper sofa in the living room and fell asleep for several minutes. When he awoke, he went into the kitchen, where defendant was preparing a meal. Duke made some popcorn and returned to the living room. When he went back to the kitchen to get a drink, defendant asked why he had been talking about him. Duke responded that he had not been talking about defendant and that he was tired of hearing about it. Defendant accused Duke of lying and was very upset. When Duke moved toward the refrigerator, defendant said, “Don’t come near me,” to which Duke responded, “I’m not going near you. I’m going to the refrigerator.” As Duke opened the refrigerator door, he felt a knife going into his stomach. He saw defendant’s hand and the knife handle near his stomach. After Duke pushed defendant away with his hand, defendant moved toward Duke and stabbed him again. Defendant repeatedly stated, “You made me do it.”

Two police officers testified for the State. Officer Moroney testified that when he and Officer Piscopo arrived at the scene, defendant met them at the door and led them up to the apartment. Moroney did not observe any injuries on defendant, but stated that he was “shaken up.” Moroney saw a bloody knife on the floor, then went into the kitchen, where he saw Duke holding his stomach, leaning against the table in a blood-soaked shirt. Officer Sanders testified that when he arrived at the scene, he checked the back door while Moroney and Piscopo entered the building. When Sanders subsequently entered the apartment, Moroney told Sanders that the victim said that defendant stabbed him. Sanders placed defendant under arrest, and defendant said, “Why me, I’m the one that called the police.” According to Sanders, defendant then lunged toward the door but two officers grabbed and handcuffed him.

Defendant testified on his own behalf that he arrived at the bar on the afternoon of the stabbing and began drinking beer. Duke arrived about two hours later, ordered some beer and sat with his girl friend. Defendant and Duke did not speak to each other. Defendant stated that he talked to a friend for 10 to 15 minutes, then went to the other end of the bar where he talked with Duke’s supervisor for about 10 minutes, and watched television. Defendant then walked home. At home, defendant watched television and cooked dinner. He fell asleep shortly after 7 p.m. and was awakened by a very loud pounding on the door. He let Duke in, whom he described as “very aggressive” and talking loudly. Defendant smelled alcohol on Duke’s breath. Duke angrily yelled that defendant had no business talking to Duke’s supervisor at the bar and that as a result Duke had been placed on probation. Duke called defendant a “wimp” and stated that he could “wipe the walls with [his] four-eyed hind end.” Defendant testified that he then “got up off the couch *** and I looked at [Duke] straight in the eye, standing toe-to-toe,” and said, “That’s not going to be easily accomplished.” Duke then “slammed [him] against the wall” and pushed him. When he told Duke that he would call the police, Duke “ridiculed him.” Duke pushed him several more times, into the kitchen table, into the microwave cart and finally into the wall. When Duke moved his hands toward defendant’s neck, defendant reached to the counter for a knife sharpener which broke in his hand. As he reached, Duke continued to slam him into the wall. Defendant then reached to the counter for a knife and told Duke that if he did not stop he would be forced to use the knife. Duke started coming at him, placed his hands on defendant’s neck, squeezed it and defendant gasped for air. Defendant then stabbed Duke twice.

Defendant called the police, who arrived within a few minutes. He told the officers what happened and was taken to the police station, where he signed a form waiving his rights. He then wrote a statement and spoke with Officer William Johnson. Defendant did not write in his statement or tell Johnson that Duke choked him or that Duke slammed him against the wall or a microwave cart.

Officer Johnson testified in rebuttal that he spoke with defendant at the police station about one-half hour after the stabbing. Defendant gave Johnson a 15- to 20-minute narrative, oral statement. Then, at his own request, defendant spent about 20 minutes preparing a written statement. Defendant never told Johnson nor did the written statement indicate that Duke choked or strangled defendant, or slammed him into the wall or a microwave cart.

The parties stipulated that Dr. Wendy Marshall would testify that she performed exploratory surgery on Duke for multiple stab wounds to the abdomen, and that Duke remained hospitalized for six days. It was also stipulated that a toxological reading revealed that Duke was intoxicated.

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Cite This Page — Counsel Stack

Bluebook (online)
589 N.E.2d 866, 226 Ill. App. 3d 453, 168 Ill. Dec. 466, 1992 Ill. App. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-renehan-illappct-1992.