People v. Stuckey

596 N.E.2d 646, 231 Ill. App. 3d 550, 173 Ill. Dec. 22
CourtAppellate Court of Illinois
DecidedJune 17, 1992
Docket1—87—2573, 1—87—3114 cons.
StatusPublished
Cited by25 cases

This text of 596 N.E.2d 646 (People v. Stuckey) 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. Stuckey, 596 N.E.2d 646, 231 Ill. App. 3d 550, 173 Ill. Dec. 22 (Ill. Ct. App. 1992).

Opinions

JUSTICE RIZZI

delivered the opinion of the court:

Following a jury trial, defendant, Felix Stuckey, Jr., was convicted of attempted murder (Ill. Rev. Stat. 1985, ch. 38, par. 8 — 4) and aggravated criminal sexual assault (Ill. Rev. Stat. 1985, ch. 38, par. 12— 14). Defendant Stuckey was sentenced to a term of 60 years’ imprisonment in the Illinois Department of Corrections. Defendant Bruce Davis received a bench trial and was found guilty of attempted murder (Ill. Rev. Stat. 1985, ch. 38, par. 8 — 4) and aggravated battery (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4). Defendant Davis was sentenced to a term of 40 years’ imprisonment in the Illinois Department of Corrections.

The following issues are before this court for review: (1) whether the trial court erred when it ruled that the police had probable cause to arrest defendant Davis; (2) whether defendants were denied effective assistance of counsel and a speedy trial because defense counsel failed to move for a speedy trial discharge pursuant to the sixth amendment of the United States Constitution, article I, section 8, of the Illinois Constitution, and the Speedy Trial Act (Ill. Rev. Stat. 1985, ch. 38, par. 103 — 5(a)), or, in the alternative, if we find for the State on this issue, whether the trial court’s ruling was against the manifest weight of the evidence giving defendants the right to obtain specific performance of an alleged pretrial agreement; (3) whether the cumulative impact of prosecutorial comments during closing arguments violated defendants’ rights to a fair trial and due process of law guaranteed by the sixth and fourteenth amendments of the United States Constitution; (4) whether defendants were proven guilty beyond a reasonable doubt; and (5) whether the trial court abused its discretion when it sentenced defendants Stuckey and Davis to 60 years’ and 40 years’ incarceration, respectively. We affirm in part, reverse in part, vacate in part, and remand.

On March 30, 1986, at 1:30 a.m., Mary Merrill was awake waiting for her daughters to return home. Upon hearing dogs barking, she looked through the window on her back door and observed a young girl lying on the ground. Merrill informed the police of the girl’s presence in her yard and requested their assistance.

Officer Kevin Barry and his partner drove to Merrill’s home in response to the report. The police found the victim in the yard at 10416 South Martin Luther King Drive in Chicago, Illinois. The victim was identified as T.S. T.S. told Officer Barry that she had been raped by Felix Stuckey. T.S. was 14 years of age at the time of this incident, and she had run away from home a few weeks prior to her assault.

T.S. was taken to Roseland Community Hospital and was later transferred to Cook County Hospital around 1 p.m. on March 30, 1986. At that time, T.S. was almost comatose. There was blood in her posterior vagina although she was not menstruating. In addition, 50% of the skin on the right side of her face, and 70% of the skin on the left side of her face, had been avulsed revealing her orbit bone, her facial muscles, and the muscles surrounding her right eye. The victim also had abrasions on her right shoulder, right arm, buttocks, and heels. In addition, the top of her right ear was missing, her eyes were swollen shut, and she was barely able to breathe because her nose and neck were swollen. T.S. was placed on a respirator to aid her breathing. She was also given several skin grafts, and was required to wear a “jobst stocking” to help prevent her skin from scarring. T.S. was treated in Cook County Hospital’s burn unit because most of her injuries were similar in nature to third degree burns.

The victim’s mother, W.S., visited her daughter at Cook County Hospital. During this visit W.S. asked T.S. who hurt her. W.S. testified that T.S. responded: “James, Felix and Bruno.” T.S. was referring to James Stuckey, defendant Felix Stuckey, and defendant Bruce Davis. W.S. told the police about this conversation, and she later testified that her daughter’s account of the crime and identification of defendants remained “consistent.”

Officer Barry searched the area of the crime for evidence. Officer Barry found a trail of blood which ran down the alley from 104th Street north to 103rd Street, with a pool of blood and a beige jacket lying at the end of the trail. Officer Barry also discovered human hair, beads, two sweaters, a pair of blue jeans, and a pair of red and white striped panties scattered on the pavement between 10332 and 10306 South Calumet Avenue.

Officer Stephen Sharp drove to 109th Street and South Michigan Avenue, where he met two witnesses, Alana White and Yolanda Harrington. Harrington and White were prostitutes who worked in the same geographical area as the victim. White and Harrington were then taken to the police station for questioning. During the course of the interview, the officers discovered that defendant Stuckey was Harrington’s “man.” In addition, Harrington told Officer Thomas Sheehan that “Bruno” was also known as Bruce Davis, and that defendant Davis was “an associate of her man, Felix, and his brother, James.” Harrington gave the police defendant Stuckey’s name and address.

On the morning of March 31, 1986, the police went to 147 West 103rd Street and arrested defendant Stuckey. Afterwards, Harrington told the police that defendant Stuckey had nothing to do with the victim’s assault, and that defendant Davis was involved. Harrington gave the police defendant Davis’ address. The police subsequently arrested defendant Davis without a warrant on March 31, 1986, at 119th Street and South Edbrooke. Defendants were photographed and fingerprinted at the police station subsequent to their arrests. T.S. later identified defendants from said photographs. James Stuckey was never apprehended.

Assistant State’s Attorney Kevin Horan visited T.S. at Cook County Hospital. Assistant State’s Attorney Horan showed T.S. photographs of defendant Stuckey, James Stuckey, Philip Conley, and defendant Davis. T.S. identified all of these men as her assailants. Philip Conley and defendants were indicted.

The defense made three pretrial motions. First, defendant Davis made a motion to quash his arrest and suppress evidence in the form of his photograph because the police failed to obtain search and arrest warrants.

During the hearing on the motion, the court heard testimony from defendant Davis, his brother and the arresting officers. Officer Thomas Sheehan testified that upon arriving at 119th and South Edbrooke, he went to the front door while another officer went to the rear of the house. Officer Sheehan told the court that two men answered the front door, and that he identified himself as a police officer. Officer Sheehan testified that after he identified himself, he asked to speak to “Bruno,” and that he was told by an unidentified male that “Bruno” was asleep in the basement. Officer Sheehan stated that he subsequently left the front door and walked to the rear of the property. Officer Sheehan testified that he arrested defendant Davis after defendant Davis exited the rear door of the house. Officer Sheehan admitted that he did not know of the existence of a search warrant for the home, or a warrant for Davis’ arrest.

Defendant Davis testified that he was awakened and arrested while he was in his bedroom.

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Bluebook (online)
596 N.E.2d 646, 231 Ill. App. 3d 550, 173 Ill. Dec. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stuckey-illappct-1992.