People v. Sanders

555 N.E.2d 812, 198 Ill. App. 3d 178, 144 Ill. Dec. 453, 1990 Ill. App. LEXIS 826
CourtAppellate Court of Illinois
DecidedJune 7, 1990
DocketNo. 4—89—0530
StatusPublished
Cited by6 cases

This text of 555 N.E.2d 812 (People v. Sanders) 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. Sanders, 555 N.E.2d 812, 198 Ill. App. 3d 178, 144 Ill. Dec. 453, 1990 Ill. App. LEXIS 826 (Ill. Ct. App. 1990).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

A Coles County jury returned verdicts finding defendant John E. Sanders guilty of the offenses of residential burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19—3) and theft over $300 (Ill. Rev. Stat., 1988 Supp., ch. 38, par. 16—1(a)(1)). On May 10, 1989, the circuit court entered judgment on the verdict finding him guilty of residential burglary. The court determined theft to be an included offense of residential burglary, and it dismissed that charge. The court subsequently sentenced defendant to a maximum, extended-term sentence of 30 years’ imprisonment.

Defendant now appeals, contending (1) the State failed to prove him guilty of residential burglary beyond a reasonable doubt; (2) improper and inflammatory comments made by the State during closing arguments deprived him of a fair trial; (3) he was improperly penalized for exercising his constitutional right to a trial by jury; and (4) the trial court erred at sentencing when it failed to consider certain mitigating factors which were present. For the reasons hereinafter stated, we affirm.

The evidence at trial undisputedly showed that, on September 10, 1988, the residence of Ruth Wheeler in Charleston, Illinois, was burglarized at some time between the hours of 5 and 10:30 p.m. Apparently, the burglar had obtained entry into the home by breaking a sliding glass door with a crowbar taken from Wheeler’s garage. The home was completely ransacked, but police officer testimony revealed the police were unable to uncover any physical evidence, including fingerprints, from the scene of the crime.

Wheeler testified she found numerous pieces of jewelry missing that evening, and she described those missing items to the police. During trial, the State showed Wheeler various pieces of jewelry labeled exhibit Nos. 7 through 38. Wheeler identified all 31 pieces of jewelry as her own. She further stated she had previously identified those items when the police brought them to her for identification in late September 1988. As we later explain, these items had previously been recovered by the police from a van in which defendant was a passenger.

Anthony Madison, also known as Rasheed, testified he lived next door to defendant in a trailer park during the fall of 1988. Testimony later revealed that trailer park was located in Charleston. Madison stated that, on September 28, 1988, he had a conversation with defendant during which defendant told Madison defendant “had to get out of town soon.” Madison said defendant told him he had some “things,” and he wondered if Madison “could use or *** wanted to buy” those items. Madison said defendant then showed him some jewelry which he had retrieved from a gray, nylon gym bag with a shoulder strap. During trial, Madison identified some of the jewelry which Wheeler had previously testified belonged to her as part of the jewelry defendant had tried to sell to him on that date.

Madison further stated that, when he asked defendant where he had gotten the jewelry, defendant responded it was “some stuff he [had] picked up from something he had hit, a place he had hit.” He stated defendant mentioned the place “was in town.” Madison indicated he was familiar with the phrase “ ‘to hit’ a place,” and understood it to mean breaking into a place or stealing from a place. Madison said he told defendant he did not think he could use the jewelry at that time but would talk to him later.

Madison said that, following this conversation with defendant, he spoke with one of his neighbors, Peggy Hayes, and then decided to talk to the police at Eastern Illinois University. He stated he briefly described to them some of the items of jewelry defendant had shown him. He said the police instructed him to meet again with defendant and see if he still wanted to sell the jewelry in question. Police officer testimony corroborated these arrangements.

Madison testified he did, in fact, meet with defendant and another person, Mike Collins, outside his trailer later that same day. Madison admitted he did not actually see any jewelry at that time but stated defendant indicated he had the jewelry with him in a bag he was holding. At trial, Madison identified the bag which defendant had in his possession on that evening as State’s exhibit No. 6, a purplish velvet bag with a Crown Royal insignia on it.

Madison said he told defendant they were going to meet up with another person who was interested in buying the jewelry from him, when, in fact, the police were going to be present at that location and ready to arrest defendant. Madison stated the plan failed when Collins saw the police and alerted defendant, and defendant ran from the scene. During his testimony, Madison admitted he had pleaded guilty in 1988 to a misdemeanor charge of deceptive practices.

Defendant testified Madison was the one who approached him on September 28, 1988, and at that time Madison asked him if he knew anyone who would be interested in buying some cocaine. Defendant said he later observed police in the area and thought Madison was “trying to set [him] up on a drug deal.” He denied ever offering to sell jewelry to Madison.

John Fasig testified he had a conversation with defendant on September 29, 1988, during which defendant told him “[h]e [wanted] a ride to Mattoon so he could get some money to avoid arrest to get out of town.” Fasig said he knew there was a warrant out for defendant’s arrest, and he wanted to make some extra money, so he contacted the police and told them he knew where defendant was located. He said he made arrangements with the police to have defendant arrested.

Fasig stated he agreed to take defendant to Mattoon. While he was waiting in his van, he observed defendant exit one trailer and enter another with a gray satchel-type gym bag in his possession. He said he then watched defendant leave that trailer with no bag in his hands. Fasig said defendant got into his van and sat in the right passenger seat.

While they were en route to Mattoon, the police stopped Fasig’s van as previously arranged. Fasig said that, as the police stopped him, he observed defendant go into his back pocket and retrieve a bag out of it. He said he watched defendant stick the bag into the side compartment of the van. He identified the State’s exhibit No. 6, the purplish velvet Crown Royal bag, as the bag he saw defendant stick into the passenger compartment. Fasig also generally identified the 31 pieces of jewelry as “stuff that was dumped in the floorboards of [his] van.” He maintained he had not had the jewelry in his possession and had not ever seen it until the police “arrested” him and showed him the items in his van. He further stated he had not seen the Crown Royal bag prior to that time.

Defendant testified Fasig had approached him on September 29, 1988, and asked defendant if he would like to accompany him (Fasig) on a drive to Mattoon. He said he agreed to go along with Fasig and was subsequently arrested when the police stopped Fasig’s van. He maintained he was not familiar with the purple Crown Royal bag or the jewelry found inside of it.

Charleston police officer Joseph VanGundy corroborated Fasig’s testimony concerning the discovery of the jewels in Fasig’s vehicle. He indicated the police discovered jewelry in the passenger-side door pocket, along with the State’s exhibit No. 6, the Crown Royal bag.

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Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 812, 198 Ill. App. 3d 178, 144 Ill. Dec. 453, 1990 Ill. App. LEXIS 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-illappct-1990.