People v. Solis

576 N.E.2d 120, 216 Ill. App. 3d 11, 159 Ill. Dec. 451, 1991 Ill. App. LEXIS 979
Appellate Court of Illinois·Decided June 13, 1991·No. 1-89-0758·Published·Cited by 25 cases

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial, Martin Solis, defendant, was found guilty of attempted murder (Ill. Rev. Stat. 1987, ch. 38, par. 8 — 4) and aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 4). The trial court found that the offense of aggravated battery merged into the attempted murder conviction. Defendant was sentenced to a term of six years in the Illinois Department of Corrections.

The following issues are before this court for review: (1) whether the People proved beyond a reasonable doubt that defendant had the requisite intent to kill; (2) whether the trial court erred when it refused to instruct the jury on the lesser offense of reckless conduct; (3) whether the jury was correctly instructed on the offense of attempted murder; and (4) whether the verdicts finding defendant guilty of both attempted murder and aggravated battery are legally inconsistent.

We affirm.

Michael Lavin was the victim of a stabbing. Lavin is 6 feet in height, and he weighed over 200 pounds. He arrived in Chicago, Illinois, on June 25, 1988, with three friends. The group traveled to Chicago in order to view a Chicago Cubs baseball game at Wrigley Field on that same day. After the game, Lavin’s friends wanted to remain in the vicinity of Wrigley Field, but he decided to return to his room at the Days Inn Hotel.

Lavin boarded the southbound elevated train near Wrigley Field. He found a seat at the rear of one of the passenger cars. Dr. Bruce Naughton, a faculty member of the Northwestern University Medical School, and his companion, Alice Joseph, and defendant and his companion, Dawn Hard, occupied the same passenger car. Dr. Naughton and Ms. Joseph were standing near the doors at the rear of the car, and defendant and his companion were standing opposite Dr. Naughton and Ms. Joseph. Defendant is 5 feet 5 inches in height and weighed 150 pounds.

As the train proceeded south, defendant removed a cigarette from his belongings. He then asked another passenger for a match to light his cigarette. Lavin immediately asked defendant not to smoke on the train. Defendant ignored Lavin, lit his cigarette, and moved back to where he had been standing. Then, Dr. Naughton asked defendant to stop smoking. Defendant responded by blowing smoke in Dr. Naughton’s face. Lavin then told defendant that he was not supposed to smoke on the train, and he asked defendant to stop smoking. Defendant continued to smoke and Lavin asked him again to stop smoking.

Lavin then took the cigarette from defendant’s mouth, extinguished it, and attempted to return it to defendant. Defendant responded by removing a knife from his back pocket and stabbing Lavin in the abdomen.

After the victim was stabbed, Ms. Hard attempted to kick the victim in the groin. Ms. Joseph blocked the kick with her hand and said, “It’s not worth it.” Ms. Hard then threatened Ms. Joseph and attempted to hit her. Ms. Joseph was able to block the blows with her arm and another couple attempted to restrain Ms. Hard. At this point, the train stopped at the Clark and Division Streets station. Defendant, Ms. Hard, Dr. Naughton, and Ms. Joseph all exited the train. The victim exited the train at the next stop.

After the group exited the train, Dr. Naughton chased defendant. Ms. Hard, who was still with defendant, turned toward Dr. Naughton and asked him if he wanted to fight. Dr. Naughton stepped around Ms. Hard and continued to follow defendant. Dr. Naughton then saw defendant throw the knife, which he had used to stab the victim, over a fence near the Jewel Food Store parking lot.

Meanwhile, Ms. Hard confronted Ms. Joseph. Ms. Joseph pushed Ms. Hard away and ran across the street to a police car. Ms. Joseph told the police that the man running down the street had just stabbed someone on the train. The police caught the defendant near La Salle Street. Ms. Joseph then proceeded to tell the police about the incident. Other witnesses to the stabbing also spoke to the police.

After the police apprehended defendant, they took him to the Chicago Avenue train stop, where the victim had exited the train. Lavin, who was in an ambulance, identified defendant as the man who stabbed him. The victim was then taken to Northwestern Memorial Hospital, where he underwent surgery and treatment for a punctured colon. He remained in the hospital for 13 days.

The grand jury indicted defendant for attempted murder (Ill. Rev. Stat. 1987, ch. 38, par. 8 — 4), aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 4), and armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 2). At the conclusion of the State’s case, defendant moved for a directed verdict. The court denied defendant’s motion.

After all of the evidence was presented, the parties held a conference on jury instructions. During this conference, defendant objected to the proposed instructions on attempted murder (Ill. Rev. Stat. 1987, ch. 38, par. 8 — 4), because they were not consistent with the evidence. The trial court also refused defendant’s proposed instructions on the lesser included offense of reckless conduct (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 5).

The jury was instructed that defendant could be found guilty of attempted murder if he had the “intent to commit the offense of murder,” and if he “[committed] any act which constituted a substantial step toward the commission of the offense of murder.” The court also instructed the jury that “[t]he offense need not have been committed.” The court further instructed the jury that “a person commits the offense of murder when he *** intends to kill or do great bodily harm to that individual.”

The jury found defendant guilty of attempted murder (111. Rev. Stat. 1987, ch. 38, par. 8 — 4) and aggravated battery (111. Rev. Stat. 1987, ch. 38, par. 12 — 4). He was sentenced to six years in the Illinois Department of Corrections.

First, defendant maintains that his conviction for attempted murder should be reversed because the People failed to prove beyond a reasonable doubt that he intended to kill the victim.

The People maintain that defendant’s attempted murder conviction should be upheld because the State proved beyond a reasonable doubt that defendant had the requisite intent to kill and because he stabbed the victim with a deadly weapon.

The questions raised by defendant on appeal involve the sufficiency of the evidence and questions of witness credibility. The United States Supreme Court has ruled that the scope of review of a trial court’s findings of fact is limited to an inquiry of “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Emphasis in original.) Jackson v. Virginia (1979), 443 U.S. 307, 319, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2789; People v. Schorle (1990), 206 Ill. App. 3d 748, 759.

Furthermore, “all evidence is to be considered in the light most favorable to the prosecution upon judicial review.” Schorle, 206 Ill. App. 3d at 759; Jackson, 443 U.S. at 319, 61 L. Ed. 2d at 573, 99 S. Ct. at 2789.

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People v. Solis, 576 N.E.2d 120, 216 Ill. App. 3d 11, 159 Ill. Dec. 451, 1991 Ill. App. LEXIS 979 (Ill. Ct. App. 1991).

576 N.E.2d 120 (People v. Solis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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