People v. Slayton

842 N.E.2d 1168, 363 Ill. App. 3d 27, 299 Ill. Dec. 816
CourtAppellate Court of Illinois
DecidedJanuary 17, 2006
Docket1-04-0701
StatusPublished
Cited by3 cases

This text of 842 N.E.2d 1168 (People v. Slayton) 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. Slayton, 842 N.E.2d 1168, 363 Ill. App. 3d 27, 299 Ill. Dec. 816 (Ill. Ct. App. 2006).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

Following a bench trial, defendant Wesley Slayton was found guilty of armed robbery and sentenced to six years’ imprisonment. On appeal, defendant contends: (1) the State failed to prove him guilty beyond a reasonable doubt; (2) the trial court erred in refusing to conduct an in camera inspection of the State’s felony review folder; and (3) the compulsory extraction and inclusion of his DNA in state and national databases, pursuant to section 5 — 4—3 of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 4—3 (West 2002)), violated his fourth amendment right to be free from unreasonable searches and seizures. Although we find the trial court’s refusal to conduct the in camera inspection was error, we affirm the defendant’s conviction and sentence.

FACTS

On January 8, 2003, defendant was arrested and charged with the armed robbery of Alvin Brown. Defendant filed a written pretrial motion for an in camera inspection of the State’s felony review folder. In it, defendant sought “any and all information” contained in the folder “relating to evidence and/or witnesses that may exculpate” him. The request was based on reports that the State at first chose not to charge him with robbery following a second interview with Brown.

The trial court denied the motion, finding defendant failed to present sufficient facts to warrant an in camera inspection of the felony review folder. The court reasoned that defendant had nothing more than a suspicion about the exculpatory nature of the evidence contained in the felony review folder and that the State had indicated that all discoverable documents had been produced.

The evidence adduced by the State at trial showed that at about 4 a.m. on November 15, 2001, complainant Alvin Brown was robbed at gunpoint by a man later identified as defendant. Brown, an electrician, had parked his service vehicle in the alley behind his house when defendant approached, armed with a handgun, and asked Brown for what he had. Brown dropped his money, wallet, and cellular telephone to the ground. Dissatisfied, defendant insisted that Brown had more and patted down his clothing. Defendant found nothing and then told Brown to leave or he would shoot him. Brown backed away slowly, keeping his eyes on defendant because he was afraid to turn his back to him. However, when defendant warned him to run or be shot, Brown turned away and fled. Brown called the police from a nearby gas station.

Brown saw defendant on two subsequent occasions, but he did not call the police because, each time, defendant disappeared too quickly. However, on January 8, 2003, Brown contacted the police when he saw defendant walking in and out of the alley behind Brown’s house. When the police arrived, Brown said defendant was sitting on the front porch of a building one block away. The police arrested defendant on the roof of that building. Brown positively identified defendant as the man who had robbed him.

On cross-examination, Brown said he gave the police a description of the offender on the date of the robbery, but he denied ever describing him as 5 feet 10 inches tall. Brown also told police the offender had a thin mustache and was dark complected, which was consistent with another description he later gave to police. He admitted the offender was 6 feet 4 inches tall.

On further cross-examination, Brown said he had asked neighbors if they saw anything that might be helpful, but denied he was trying to obtain a better description of the offender. Brown also said he had learned from someone that the person involved was named “Wesley.”

Detective Jasica spoke with defendant at the hospital where he was awaiting treatment for an asthma attack following his arrest. Defendant first denied any knowledge or involvement in the armed robbery. When Detective Jasica reminded him of the seriousness of the charge, defendant admitted he knew Brown, who simply did not like him, and that he had words with him before the day of the robbery.

After defendant was released from the hospital, Detective Jasica and Assistant State’s Attorney Horner spoke with defendant at the police station. Defendant said he was not truthful in his earlier conversation with Detective Jasica because he was afraid of getting into trouble. He then said Brown owed him money for drugs he had sold to Brown on credit. Defendant said Brown visited his home once and promised to pay him back, but he never saw him again.

When Detective Jasica again reminded defendant of the charge against him, defendant said something different. This time, defendant said he and his friends went to Brown’s home and demanded his money. Defendant said he was unarmed, but that one of his friends showed Brown a handgun and took a cellular telephone from him.

On cross-examination, Detective Jasica admitted he had indicated in his general case report there was a problem with Brown’s identification of defendant. He explained, however, that the discrepancy involved the height of the offender, which he viewed as a minor matter. Defense counsel then asked Detective Jasica whether felony charges were initially rejected based on Brown’s identification of defendant, and the trial court sustained the State’s objection based on relevancy because “[defendant] is here, so apparently they did.”

The defense first called Chicago police officer Percy Alexander as a witness. Officer Alexander said he went to the scene of the incident and filled out a general offense case report based on his conversation with Brown. He indicated in his report that the offender was 5 feet 10 inches tall and dark complected with brown eyes; there was no mention of a mustache or the body size of the offender.

Detective Valerie Ford said she spoke with Brown on November 28, 2001. Brown told her the offender was named “Wesley,” that he was 6 feet 4 inches tall, and had a dark complexion.

Following closing arguments, the court found defendant guilty of armed robbery. In doing so, the court noted the minor discrepancy in the height description given to police by Brown and also observed Brown did not mention a mustache or estimate body size. The court found Brown’s testimony was credible. In doing so, the court noted Brown “had ample time to view his assailant at the time that the event took place.”

DECISION

Defendant first contends that the State failed to prove his identity as the offender beyond a reasonable doubt. When a defendant challenges the sufficiency of the evidence, the relevant question on review is whether, after considering the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Schott, 145 Ill. 2d 188, 203, 582 N.E.2d 690 (1991). A criminal conviction will not be set aside on review unless the evidence is so unlikely or inadequate that a reasonable doubt of defendant’s guilt remains. People v. Jimerson, 127 Ill. 2d 12, 43, 535 N.E.2d 889 (1989). We do not find this to be such a case.

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Related

United States Ex Rel. Russell v. Gaetz
628 F. Supp. 2d 820 (N.D. Illinois, 2009)
People v. Shanklin
855 N.E.2d 184 (Appellate Court of Illinois, 2006)

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Bluebook (online)
842 N.E.2d 1168, 363 Ill. App. 3d 27, 299 Ill. Dec. 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-slayton-illappct-2006.