People v. Saunders

601 N.E.2d 1038, 235 Ill. App. 3d 661, 176 Ill. Dec. 340, 1992 Ill. App. LEXIS 1483
CourtAppellate Court of Illinois
DecidedSeptember 14, 1992
Docket1-89-3410
StatusPublished
Cited by14 cases

This text of 601 N.E.2d 1038 (People v. Saunders) 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. Saunders, 601 N.E.2d 1038, 235 Ill. App. 3d 661, 176 Ill. Dec. 340, 1992 Ill. App. LEXIS 1483 (Ill. Ct. App. 1992).

Opinion

JUSTICE MANNING

delivered the opinion of the court:

Following a bench trial, defendant was convicted of murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)(1)), home invasion (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 11(a)(1)), armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2(a)), and attempted rape (Ill. Rev Stat. 1983, ch. 38, par. 11 — 1(a)). He was sentenced to natural life on the murder conviction and an aggregate consecutive term sentence of 75 years’ imprisonment on the remaining convictions.

On appeal, defendant contends that the trial court erred when it denied his motion to suppress statements made to the police in violation of his fifth and sixth amendment constitutional rights. He also raises an issue regarding the sufficiency of the pleadings claiming the trial court erred when it allowed the new indictment (89 — CR-23714) to supersede the original indictment (87 — CR-8167), because prosecution of all the offenses except murder was barred by the period of limitations.

In addition, defendant maintains that the evidence was not sufficient to prove him guilty beyond a reasonable doubt on the offenses of armed robbery and attempted rape. Defendant also assigns as error the trial court’s imposition of a sentence of natural life without parole plus a consecutive term of 75 years’ imprisonment. We affirm defendant’s convictions and sentences.

Background

During the bench trial the victim’s daughter, Joanne, testified that on June 22, 1983, after she could not reach her mother on the telephone, she and her daughter came to the apartment and when no one answered, let herself in with an extra key. Joanne noticed the apartment was in a mess and also saw her mother covered with blood lying on the floor of the bedroom. A neighbor, Robert, hearing Joanne’s screams, came out into the hallway and summoned Joanne to find the janitor and call the police. Robert then entered the apartment and called the police himself. From the foyer of the apartment, he saw the victim lying on the floor of the bedroom.

The investigating police officers searched the apartment, photographed each room, lifted fingerprints, and inventoried several items, including articles of clothing, a bloodstained towel, iron, bent frying pan, and kitchen knife. The officers canvassed the apartment building and discovered that a young black male who called himself “Andy” was seen on June 21 and June 22, knocking on the doors of several apartments where he sought sponsors for a walk-a-thon. The State also presented the testimony of several residents who described the same teenager as the person who solicited money from them for a walk-a-thon.

The State also presented the testimony of Officer O’Neill, a latent fingerprint examiner who, after submitting an enhanced pencil drawing of the fingerprints found in the victim’s apartment, obtained a list of likely candidates whose prints were similar to those obtained from the Automated Fingerprint Identification System (AFIS). O’Neill stated that after receiving the AFIS list, he then pulled the fingerprint card of defendant and determined that those recovered from the victim’s apartment were also those of the defendant. O’Neill informed Detective Markham of the results of the examination on or about November 20, 1986. Markham then located defendant’s mother and discovered that defendant was living in California.

It was determined that defendant had been arrested in California on May 28, 1985, and was in custody and represented by appointed counsel. On December 3, 1986, Markham along with Detective Hood of the Chicago police department travelled to California and, along with police officer Gibson of Los Angeles, conducted an interview of the defendant about the murder in Chicago. At that time, defendant gave a full statement implicating himself. On December 5, 1986, defendant pleaded guilty to the charges in California and was sentenced to eight years’ imprisonment. On December 9, 1986, defendant allegedly called the Chicago police and questioned them about when he would be extradited to Chicago.

On June 9, 1987, the Chicago police took custody of defendant in California and brought him to Chicago, where he made an inculpatory statement before them that evening and again before Assistant State’s Attorney Norwell and a court reporter the following day. At trial, defendant’s statement was published into the record by Ms. Norwell.

According to the statement, at approximately 8 a.m. while on his way to school, defendant detoured to an apartment building at Dear-born Park. He knocked on several doors in the building; however, no one answered. He then knocked on the victim’s apartment door and asked her to sponsor him in a walk-a-thon. After she invited him into the apartment and questioned him about the program, defendant responded that she could “donate a few dollars, five dollars or so.” At that time, Ms. Totoni became upset and told the defendant he did not have to tell her the amount to give. She asked the defendant to leave and come back later.

Defendant became upset and after insisting upon the money, he refused to leave the apartment and pushed Ms. Totoni. Ms. Totoni then swung at the defendant and he responded by hitting her with his fists which caused her to fall into the foot ottoman in the living room. Ms. Totoni then, fighting and swinging, picked up a ceramic cup and hit the defendant on the shoulder, at which time the defendant took the cup from Ms. Totoni and began to hit her across the head. When Ms. Totoni scratched defendant, he bit her. She then ran and defendant followed. She ran to the bathroom and attempted to close the door. However, when defendant pushed open the door, Ms. Totoni picked up an iron and swung it at the defendant, at which time he grabbed the iron from her and repeatedly hit her with it about the head and face until she fell on the floor, “layed [sic] out but she wasn’t totally unconscious.” Although there was blood all over, defendant stated he then stabbed the victim in the neck with a knife.

Next, defendant searched the apartment for money, and after finding $700, he left the apartment, also taking a bottle of Jack Daniels alcohol. He placed his bloodstained shirt in the incinerator and put on a sweatshirt which he was carrying in a bag. Defendant then went home, took a bath, burned his pants in the incinerator and took the alcohol to the beach where he drank it with a group of friends. The next day, he purchased a car with the money.

It was agreed that defendant was born on January 17, 1967. It was also stipulated that defendant told a California employee that he arrived in California in October 1985, lived there until he was arrested on May 28, 1986, whereupon he remained in custody until June 9,1987.

The medical examination and findings were stipulated. The examination was performed on June 23, 1983, and the victim’s date of death was established as June 22, 1983. The cause of death was stab wounds to the neck, and cutting wounds and blunt trauma to the head and face, causing a skull fracture and hemorrhaging.

The trial court found defendant guilty of murder, home invasion, and armed robbery and although he was charged with rape, the trial court found him guilty of attempted rape.

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

Related

People v. Coleman
2026 IL App (4th) 241515-U (Appellate Court of Illinois, 2026)
People v. Saunders
2025 IL App (1st) 230044-U (Appellate Court of Illinois, 2025)
People v. Buchanan
2023 IL App (2d) 220265-U (Appellate Court of Illinois, 2023)
People v. Casas
2018 IL App (2d) 150456-B (Appellate Court of Illinois, 2018)
People v. Pacheco
Appellate Court of Illinois, 2003
People v. Foster
Appellate Court of Illinois, 2000
People v. Connery
694 N.E.2d 658 (Appellate Court of Illinois, 1998)
People v. Hill
Appellate Court of Illinois, 1998
Kaeding v. Collins
668 N.E.2d 572 (Appellate Court of Illinois, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
601 N.E.2d 1038, 235 Ill. App. 3d 661, 176 Ill. Dec. 340, 1992 Ill. App. LEXIS 1483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-saunders-illappct-1992.