People v. Stackhouse

820 N.E.2d 1027, 354 Ill. App. 3d 265, 289 Ill. Dec. 952, 2004 Ill. App. LEXIS 1411
CourtAppellate Court of Illinois
DecidedNovember 30, 2004
Docket1-02-0281
StatusPublished
Cited by16 cases

This text of 820 N.E.2d 1027 (People v. Stackhouse) 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. Stackhouse, 820 N.E.2d 1027, 354 Ill. App. 3d 265, 289 Ill. Dec. 952, 2004 Ill. App. LEXIS 1411 (Ill. Ct. App. 2004).

Opinion

JUSTICE GARCIA

delivered the opinion of the court.

In May 2001, the defendant, A.J. Stackhouse, was charged with robbery (720 ILCS 5/18—1 (West 2000)) and aggravated battery (720 ILCS 5/12—4(b)(8) (West 2000)). Following a bench trial in November 2001, the trial court found the defendant guilty of robbery (720 ILCS 5/18—1 (West 2000)). The trial court sentenced the defendant to an extended 10-year term in the Illinois Department of Corrections (DOC).

The defendant appeals, arguing that the trial court erred in (1) permitting the State to augment the defense’s offered stipulation, (2) allowing a police officer to testify that the victim identified the defendant at the scene, and (3) sentencing him to an extended-term sentence. Although we agree with the defendant on the first two issues raised on appeal, we nonetheless affirm.

BACKGROUND

The victim, David Vasquez Ortiz, testified that on April 15, 2001, shortly before 8 p.m., he was walking toward the bus stop at 3158 West 63rd Street. Ortiz testified that he had consumed several beers earlier in the evening. While Ortiz was waiting for the bus, a woman, later identified as Jennifer Geraci, 1 approached him for a date. Ortiz turned her down. Once a bus arrived at the bus stop, Ortiz attempted to get on the bus’s first step, but he was hit on the head from behind. Ortiz testified that he did not see who hit him. Ortiz testified that $20 and his watch were taken. Ortiz specifically testified that his watch, which had a picture of Jesus Christ on it, was removed from his left wrist. Ortiz testified that after he was struck on the back of his head, a Chicago Transportation Authority (CTA) bus driver came to his aid. Shortly thereafter, a police officer arrived and took him across the street to the parking lot of a Walgreen’s drugstore. Ortiz testified he recognized Geraci as the woman who robbed him; however, he could not identify the man. While in the parking lot, the police officer returned Ortiz’s watch to him.

Sharon Davis, a CTA bus driver upon whose bus Ortiz sought to board, testified that she saw Ortiz flagging her down, but a white woman standing next to Ortiz, later identified as Geraci, was telling her to go on. Davis stopped the bus and Ortiz attempted to get on; however, Geraci pulled Ortiz off the step and a black man, later identified as the defendant, hit Ortiz from behind. Davis testified that after the defendant hit Ortiz, both he and Geraci dragged Ortiz to the side of the bus. Davis testified that, using the mirror on the side of her bus, she was able to see the defendant and Geraci going through Ortiz’s pockets. Davis testified that before the date in question, she did not know Ortiz, Geraci, or the defendant. Davis then made an in-court identification of the defendant.

Davis testified that she put her bus in neutral until the defendant and Geraci were finished going through Ortiz’s pockets, then she got off the bus, flagged down a police officer, and assisted Ortiz. When Davis got off of the bus, Ortiz was lying on the side of the bus by the front wheel. The defendant and Geraci had walked south toward Walgreen’s. Davis testified that she gave a police officer a description of the two individuals and pointed him in their direction of travel. Davis testified that police officers immediately ran after the offenders.

Chicago police officer Michael Ferguson testified that he was on duty around 8 p.m. on April 15, 2001. Officer Ferguson testified he was waved down by a CTA bus driver who told him that a man had just been robbed and the bus driver pointed to the victim lying on the ground. The bus driver gave Officer Ferguson a description of the offenders and pointed him in their direction of travel. Officer Ferguson testified that when he looked in the direction indicated by Davis, he saw the two subjects walking through Walgreen’s parking lot. Officer Ferguson identified the defendant as one of the individuals he detained in the parking lot. Officer Ferguson testified that the other individual was a white woman wearing a blue coat and blue jeans.

Officer Ferguson testified that he stopped the two individuals and placed them in custody. Officer Ferguson testified that a silver watch with a picture of Jesus Christ on it was recovered from the defendant’s pocket. Officer Ferguson testified that he showed the watch to Ortiz. Officer Ferguson also testified that Ortiz acknowledged the watch was his and said that it had been taken from him. Officer Ferguson testified that Ortiz identified both the defendant and Geraci.

At this point, the State rested and the defendant testified on his own behalf.

The defendant testified that he had been convicted of delivery of a controlled substance in 1998 and unlawful use of a weapon by a felon in 2000. The defendant testified that prior to his arrest on April 15, 2001, he was sitting in his dining room. The defendant testified that the back of his home abuts an alley and a Walgreen’s parking lot. The defendant testified that he left his home because he heard Geraci yelling, “A.J. A.J. help me. They took my money, took my money.” The defendant testified that he thought Geraci was being robbed so he went out on his back porch and saw Geraci as well as a man everybody calls “Armando,” identified as the victim Ortiz. The defendant testified that he also saw “about six young black brothers ready to beat him [Ortiz] down.”

The defendant testified that he eventually left his porch, walked down to the alley, and asked Ortiz what was wrong. The defendant testified that Ortiz told him that Geraci was bothering him and that she claimed he owed her money. The defendant also testified that Ortiz told him that he did not have any money and did not owe Geraci anything. The defendant testified that he told Ortiz, “I say man, you out of it. You scummy.” The defendant testified that by “scummy” he meant that Ortiz “was drunk. He didn’t know nothing.” The defendant testified that he sent Ortiz on his way, walking him to the bus stop for his safety. The defendant testified that he thought Ortiz was in danger because Geraci was popular with the boys and they were with her, ready to beat Ortiz.

The defendant testified that Ortiz got on the bus, but then Geraci pulled him off. The defendant testified that he did not hit Ortiz on the back of the head, “I did not touch that man. I got the hell away from there.” The defendant testified that the police did not recover Ortiz’s watch from him; however, the defendant testified that he was present when the watch was recovered. The defendant testified that he was handcuffed to a bar inside the police station at 63rd and St. Louis Streets when Officer Ferguson reached over to Ortiz’s wrist, told Ortiz he had a nice watch, and said, “I want you to say Stackhouse has your watch.” The defendant testified that he had dealt with Officer Ferguson in the past. When asked why Officer Ferguson would want to set him up, the defendant replied it was because “I was selling narcotics in the neighborhood and I stopped and they never could catch me, right, so they been warning me and warning me and this is why.

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Cite This Page — Counsel Stack

Bluebook (online)
820 N.E.2d 1027, 354 Ill. App. 3d 265, 289 Ill. Dec. 952, 2004 Ill. App. LEXIS 1411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stackhouse-illappct-2004.