People v. Skinner

581 N.E.2d 252, 220 Ill. App. 3d 479, 163 Ill. Dec. 301, 1991 Ill. App. LEXIS 1678
CourtAppellate Court of Illinois
DecidedSeptember 30, 1991
Docket1—88—0004, 1—89—3006 cons.
StatusPublished
Cited by41 cases

This text of 581 N.E.2d 252 (People v. Skinner) 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. Skinner, 581 N.E.2d 252, 220 Ill. App. 3d 479, 163 Ill. Dec. 301, 1991 Ill. App. LEXIS 1678 (Ill. Ct. App. 1991).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

After a bench trial, defendant Reginald Skinner was convicted of residential burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19—3) and sentenced to 7½ years’ imprisonment. Subsequently, defendant filed a petition for post-conviction relief alleging ineffective assistance of counsel which the circuit court dismissed without holding an evidentiary hearing. Defendant appeals his conviction, alleging: (1) he was not proven guilty beyond a reasonable doubt; (2) the court erred in considering evidence that should have been suppressed as the fruit of an illegal arrest; (3) defendant was denied effective assistance of counsel; and (4) he is entitled to a new sentencing hearing because of prosecutorial misconduct dining the hearing. Defendant separately appeals the court’s dismissal of his petition for post-conviction relief, alleging that an evidentiary hearing was required where the parties’ affidavits contained factual conflicts regarding counsel’s effectiveness. For the reasons that follow, we reverse and remand for a new trial.

Prior to trial, defendant moved to quash his arrest and to suppress his post-arrest statements to the police. This motion was heard simultaneously with the trial on the merits. The record reflects the following evidence regarding these proceedings.

Joanna Powell testified that on August 20, 1986, she left her residence at 245 West 109th Place in Chicago for work. She departed in the early morning hours and secured the household by locking the doors and bolting the windows. Inside the residence, she had several items of personal property, including 19-inch and 13-inch televisions. Upon her return home from work that evening, she found that her home had been burglarized. She noticed an opening cut in the bathroom floor where the heat vent was located. Upon further inspection, she realized that the basement window had been broken as glass, bars and pieces of wood from the window frame were strewn on the basement floor. Powell testified that on March 19, 1987, she identified her 19-inch television set at the police station because of identification markings she had placed upon it.

James Williams testified that on August 20, 1986, he lived next door to Joanna Powell at 249 West 109th Place in Chicago. At approximately 10 a.m. that morning, Williams saw defendant emerge from the basement window of Powell’s home carrying a television set. Williams testified that defendant exited from the window back first, put the television down, then turned and began to carry the set. Williams saw defendant face to face for about 15 seconds from a distance of approximately 15 feet. Williams had an unobstructed view and had seen defendant on prior occasions since his two uncles were married to defendant’s sisters.

Tia Powell, Joanna Powell’s daughter, testified that on March 19, 1987, she observed a man carrying a television set attempting to sell it to a person named Christopher. She recognized the set as her mother’s television. After hearing a conversation between the two, Tia Powell went home and called the police. She and the police located Christopher and thereafter went to a house at 11010 South Wentworth in Chicago. Shortly after entering the basement apartment with the police, she identified her mother’s television set. Powell testified that defendant was present in the basement along with a person she knew as Haywood Burnside. She identified defendant in court as the person she had seen earlier attempting to sell the television set.

Detective John Gorman of the Chicago police department testified that he and his partner, Michael Ferguson, were assigned to Tia Powell’s call for assistance. After a conversation with her, they went to the area of 110th Street and Wentworth, where they were told that defendant was in the basement. After knocking on the door, identifying himself as a police officer and explaining his purpose, defendant permitted Gorman to enter. In the apartment were two televisions; Gorman testified that defendant stated that the sets were his and that he resided in the apartment. Tia Powell then identified one of the sets as her mother’s. Defendant and the television were then taken to the police station. Gorman stated that while defendant was being processed, he gave 11010 South Wentworth as his address. Later, Gorman took a photograph of defendant to Williams, the eyewitness to the burglary.

Defendant testified in his own behalf. He stated that he was employed in the building repair business and earned $600 per week. He did not know the name of the company for which he worked but stated that he worked for a man named Johnson. On March 19, 1987, he received a call from Hanna Banks of 11010 South Wentworth Avenue to fix a pipe located in the basement apartment. According to defendant, the apartment belonged to Haywood Burnside. While fixing the broken pipes, the police came to the door. Defendant stated that the police officers did not identify themselves or state their purpose nor did they produce a search warrant. Defendant allowed the police to enter after they had broken the bars to the door entrance. Once inside, defendant claimed that the police struck him in the stomach and handcuffed him to a pipe. Tia Powell then entered the basement apartment and said, “That’s Haywood Burnside that they saw him climbing through the window.” Defendant was arrested and taken out of the basement. Defendant denied living in the residence where he was arrested, denied telling the police that he lived there, and denied having or attempting to sell the television in question. Defendant stated that he knew James Williams through the marriage of two of his family members but that their families did not get along.

In rebuttal, the State called Detective Michael Ferguson. His testimony corroborated Detective Gorman’s. The State in rebuttal submitted certified copies of defendant’s conviction for three prior burglaries.

At the close of the evidence, the circuit court granted defendant’s motion to quash his arrest. The court believed that, as a matter of law, defendant’s “possession of [a] contraband television set, six months after the event, *** in of itself does not constitute cause to make an arrest.” The State has not appealed this ruling. The court further held that Tia Powell’s identification of the television set and defendant in the basement occurred prior to the arrest. Accordingly, the court refused to suppress Tia Powell’s testimony on these matters. Although the record is not entirely clear, and notwithstanding the quashing of defendant’s arrest, the court apparently refused to quash defendant’s post-arrest statement to the police in which defendant gave his home address as the place of his arrest, reasoning that defendant “made no statement significant [which was] considered during the course of trial.”

On June 14, 1989, defendant filed a petition for post-conviction relief. This petition alleged that defendant was denied effective assistance of counsel at trial and included the affidavits of his mother and stepfather, his employer, Herbert Johnson, and a copy of a police report relating to the investigation of the burglary. The State filed a motion to dismiss the petition supported by the prosecutor’s affidavit. The court granted the State’s motion to dismiss without conducting an evidentiary hearing on the merits of the petition.

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Cite This Page — Counsel Stack

Bluebook (online)
581 N.E.2d 252, 220 Ill. App. 3d 479, 163 Ill. Dec. 301, 1991 Ill. App. LEXIS 1678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-skinner-illappct-1991.