People v. Schutz

559 N.E.2d 289, 201 Ill. App. 3d 154, 147 Ill. Dec. 289, 1990 Ill. App. LEXIS 1219
CourtAppellate Court of Illinois
DecidedAugust 16, 1990
Docket4-89-0301
StatusPublished
Cited by12 cases

This text of 559 N.E.2d 289 (People v. Schutz) 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. Schutz, 559 N.E.2d 289, 201 Ill. App. 3d 154, 147 Ill. Dec. 289, 1990 Ill. App. LEXIS 1219 (Ill. Ct. App. 1990).

Opinion

JUSTICE LUND

delivered the opinion of the court:

On January 19, 1989, defendant Phillip Schütz was found guilty by a jury sitting in the circuit court of Vermilion County of committing the offense of armed robbery. (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2.) He subsequently received a 14-year prison sentence. Defendant now appeals.

Defendant and three compatriots were charged with committing an armed robbery of the China Garden restaurant on September 11, 1988. Jeff Wong, the owner, testified that on September 11, at approximately 8:30 p.m., after the restaurant had closed, he was at the cash register when two men approached. One wore a ski mask and one wore a stocking over his head, and they carried a knife and a sawed-off shotgun. They took Wong back to the kitchen, where his employees and his five-year-old niece, as well as two other masked men, were located. They were then placed in the kitchen’s walk-in cooler.

Two of the men then took Wong to the upstairs apartment where his sister and 71-year-old mother-in-law lived. During this time, they had the knife placed against Wong’s neck. They brought the women down and placed them in the cooler. One of the men then started demanding to know where the safe was located. When Wong told them there was no safe, the robber became upset and threatened to kill him. Eventually the robbers took the money in the cash register, the money and jewelry from the apartment, and jewelry which the victims were wearing (including Wong’s watch). The robbers left after placing a mop against the walk-in door.

Next to testify was Diana Ross, a former waitress at the China Garden. She is a cousin of codefendant Scott Pfeifer and became acquainted with defendant through him. In the early part of September 1988, she and Mary Nier went to room No. 9 at the Page Motel to meet with defendant and Pfeifer. During that time, a conversation came up concerning details of the China Garden’s operations. Defendant and Pfeifer showed Ross a sawed-off shotgun and a knife.

A week prior to the robbery, defendant telephoned Ross and told her they were going to rob the restaurant. She thought he was joking. The day of the crime, he again called with the same message. Around 1 a.m. she received a call from Pfeifer directing that she and Nier meet him and the defendant. Defendant and Pfeifer told Ross and Nier that four of them had gone into the restaurant wearing masks, and that they had burned their clothing afterward. Pfeifer did most of the talking. They eventually ended up at the motel where Pfeifer and defendant showed them the stolen property. Ross recognized a watch belonging to Wong. They then told the story in greater detail. They explained the people were put in the cooler, that the little girl was given a coat, that they helped an old lady down the stairs, and that a knife was held to Wong’s throat. The next day she went with Pfeifer and defendant when they purchased a car from Dorothy VanCamp.

VanCamp testified she sold a car on Monday, September 12, 1988, and she identified defendant as being one of the purchasers. She remembered the other man’s name was Scott Pfeifer. George Wright, the owner of Page Motel, testified that Pfeifer and defendant rented room No. 9 from September 2 to September 16, 1988. He remembered seeing them around 7 p.m. on Sunday, September 11, when they left with two other men. The other men had trouble with their car, which was eventually towed. He saw these four men return at 9:30 p.m. After they moved out, he entered the room and found a spring-loaded handgun.

The State’s final witness was codefendant Celedonio Rodriguez. On September 9, 1988, he and Jerry Aguirre met with Pfeifer and defendant in the motel room. They discussed robbing the restaurant. On Sunday, at approximately 7 p.m., he and Aguirre returned to the motel. When they arrived, Rodriguez’s car broke down. They left after Pfeifer gave them their masks, which were two nylons and two ski masks. When they arrived at the restaurant, they went in the back door. Between them they had a knife, a sawed-off shotgun, and a “toy” gun. He identified the gun recovered by Wright as the “toy” gun. He then related the details of the robbery. This testimony was substantially similar to Wong’s. He and defendant stayed by the cooler the entire time, while Pfeifer and Aguirre went upstairs. They then went back to the motel and he received $500.

On cross-examination, he admitted telling the police a different story at an October 10, 1988, interview. He stated he was scared and said he told the truth on October 14. He also admitted he pleaded guilty to robbery in return for his testimony, and that it was his understanding he now had a chance for probation rather than a mandatory prison sentence. A stipulation was then entered into, which provided that on October 14 Rodriguez gave the police a statement which is substantially similar to his trial testimony.

Defendant presented an alibi defense. His mother testified he was with her all day and night on September 11, 1988, and, in fact, went with her to the weekly bingo game, which took place at the time of the robbery. His grandmother and her friend also testified to his presence at the bingo game. Defendant acknowledged living with Pfeifer at the motel, but stated he spent September 11 at his mother’s house. The next day, he went with Pfeifer to purchase a car. Later that week, Pfeifer confessed to him that Pfeifer committed the robbery. Defendant denied any involvement.

After a short deliberation, the jury found defendant guilty. The court subsequently imposed the 14-year sentence. Defendant now appeals, alleging (1) Rodriguez should not have been allowed to testify; (2) he received ineffective assistance of counsel; (3) the jury instructions were erroneous; and (4) the court considered improper aggravating factors at sentencing. We affirm the conviction and sentence, and remand for the filing of a mittimus showing a sentence credit to which defendant is entitled.

Defendant’s initial contention is that the court erred by allowing Rodriguez to testify. The record shows that Rodriguez was not listed as a witness on the State’s pretrial discovery, nor was he listed as a prospective witness for the jury selection process. After the commencement of defendant’s trial, Rodriguez entered a negotiated plea which required his testimony. Defendant’s counsel was notified immediately over the noon hour, and counsel objected to the testimony. The court indicated Rodriguez could not testify until counsel had ample opportunity to interview him. Apparently this opportunity was afforded, and the next day he did testify. Defendant still believes he should not have been allowed to do so.

Supreme Court Rule 412(a)(i) (107 Ill. 2d R. 412(a)(1)) provides that, as part of the pretrial discovery, the State, upon request by defendant, shall supply defendant with names of persons whom the State intends to call as witnesses. The purpose of this rule is to prevent surprise and afford an opportunity to combat false testimony. (People v. Steel (1972), 52 Ill. 2d 442, 450, 288 N.E.2d 355, 360.) However, noncompliance with discovery requirements does not require reversal absent a showing of prejudice. People v. Greer (1980), 79 Ill. 2d 103, 120, 402 N.E.2d 203, 211.

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Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 289, 201 Ill. App. 3d 154, 147 Ill. Dec. 289, 1990 Ill. App. LEXIS 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schutz-illappct-1990.