People v. Surles

466 N.E.2d 1295, 126 Ill. App. 3d 216, 81 Ill. Dec. 493, 1984 Ill. App. LEXIS 2126
CourtAppellate Court of Illinois
DecidedJuly 20, 1984
Docket81-2839
StatusPublished
Cited by11 cases

This text of 466 N.E.2d 1295 (People v. Surles) 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. Surles, 466 N.E.2d 1295, 126 Ill. App. 3d 216, 81 Ill. Dec. 493, 1984 Ill. App. LEXIS 2126 (Ill. Ct. App. 1984).

Opinion

PRESIDING JUSTICE MEJDA *

delivered the opinion of the

court:

Following a jury trial, defendant was convicted of armed robbery and armed violence (Ill. Rev. Stat. 1979, ch. 38, pars. 18 — 2, 33A — 2, respectively), and sentenced to 20 years in the Illinois Department of Corrections. Defendant appeals, contending that: (1) the suggestive show-up prior to defendant’s arrest so tainted the subsequent photographic and in-court identifications of defendant by complainant as to fender them inadmissible; (2) the State’s inflammatory and factually erroneous statements made to the jury during closing argument prejudiced defendant’s right to a fair trial; (3) the State failed to prove defendant guilty beyond a reasonable doubt; (4) defendant was erroneously convicted of two offenses carved from a single act; (5) the trial court erred in enhancing defendant’s sentence for perjury it perceived during the course of the trial; and (6) the trial court erred in imposing a general sentence where there had been a conviction on two counts. For the reasons that follow, we affirm the conviction for armed robbery, vacate the conviction for armed violence and remand the cause for new sentencing.

Prior to trial, defendant moved to suppress complainant’s identifi- . cation testimony on the ground that complainant was allowed to improperly view defendant in a one-on-one show-up which, in turn, tainted the subsequent photographic identification. In particular, defendant argued that in the early morning hours of June 6, 1980, shortly after the grill at which complainant worked had been robbed, complainant was taken to the scene of an automobile accident by the police for the sole purpose of identifying defendant, driver of one of the automobiles involved in the accident, as the robber. Upon arriving at the accident scene, complainant was informed that the passengers had been taken to St. Anthony’s Hospital in Chicago. The police officer then drove complainant to the hospital, where she was taken to the police room. While sitting in the police room, complainant had her back to the doorway. However, she happened to turn toward the doorway just as defendant was wheeled by on a stretcher by hospital personnel. Complainant denied that she was directed by anyone to look toward the door at that particular moment. When she saw defendant, complainant unhesitatingly and voluntarily told the police officer that he was the man who had robbed the grill. The following day, complainant was shown a photographic lineup at the Forest View police station from which she identified photos of both defendant and his companion, Freddie Anderson.

In an attempt to demonstrate an independent basis for the photographic identification, complainant testified on behalf of the State that on June 6, 1980, approximately 1:30 a.m., she was working by herself at Ed’s Grill in Forest View when defendant and a companion entered the grill, each carrying a sawed-off weapon. Defendant sat down at the counter and told complainant that this was a “stick up.” The grill was well-lit with fluorescent lights, enabling complainant to have a clear view of defendant. After defendant and his companion left the grill with the money from the cash register, complainant immediately called the police. When they arrived, she described defendant as a black male, approximately six feet tall, 175 pounds, between 25 and 30 years old, with a mustache, medium afro, no scars, wearing blue jeans and no shirt. In addition, complainant told the police that she had seen defendant at the grill several times prior to the robbery. However, she did not know his name.

At the conclusion of testimony, the trial court granted that portion of defendant’s motion requesting suppression of the hospital identification, but denied that portion requesting suppression of the subsequent photographic identification. In so ruling the court found that the hospital identification was unnecessary and suggestive, but that complainant’s prior acquaintance with defendant established an uninfluenced, independent basis for the photographic identification and any subsequent in-court identification.

Thereafter, defendant moved that the evidence of the reckless homicide be suppressed, arguing that the reckless homicide and the armed robbery were not connected in any way and that information of the death of a 16-year-old in the other car would severely prejudice defendant. The trial court ruled that evidence of the reckless homicide was admissible to show flight, but that no evidence could be presented regarding the death of or injuries to anyone involved in the accident.

At trial, complainant testified that she was employed at Ed’s Grill, 4700 South Laramie, Forest View, as a short-order cook and waitress. On June 6, 1980, she worked the 10 p.m. to 6 a.m. shift by herself. Approximately 1:30 a.m. that day she was sitting at the counter on the customer side, looking at a quilting magazine entitled “Craft,” when defendant and a companion entered the grill. There were no other customers in the grill at the time. Complainant recognized defendant, but not his companion. She did notice, however, that his companion was wearing a blue jean jacket with the word “Zak [sic]” written across the back on a faded decal, blue jean pants and was carrying a “shiny light brown gun” that looked like a sawed-off rifle or shotgun, but was smaller than the “dirty long sawed-off shotgun” carried by defendant. After defendant demanded the money from the register, complainant handed him all the cash and dumped the change from the change drawer into the “Craft” magazine which was laying open on the counter. Defendant picked up the magazine and left with his companion. Approximately $178 had been taken.

Shortly after she notified the Forest View police of the robbery, Officer Glenn David arrived at the grill and drove complainant to the scene of an accident in Chicago. From there, they went to St. Anthony’s Hospital. In the hospital parking lot, complainant was directed to look in the trunk of a Chicago police squad car where she saw the two guns used in the robbery, the blue jean jacket worn by defendant’s companion, and some change in a brown paper bag.

The following day approximately 2 p.m., complainant met Officer David at the Forest View police station where she viewed a photographic lineup of eight photos of male Negroes. From these photos, complainant identified defendant and his companion. At this point in her testimony complainant made an in-court identification of defendant as the man who robbed the grill. Further, she identified the guns used by defendant and his companion during the robbery the jacket worn by the companion at the time of the robbery the magazine in which she had put the change from the change drawer, a photo of the photographic lineup from which she identified defendant and his companion, and the photos themselves that she had identified at the lineup.

On cross-examination, complainant stated that she had told the Forest View police that she recognized defendant as a previous customer at the grill, but she did not specifically tell the police that she had waited on defendant 20 times. She first saw defendant in the grill approximately five years ago and remembered him because he had been extremely arrogant and hostile on several occasions over the five-year period. In fact, she had called the police twice because of defendant’s unruly behavior.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Cummings Modified on Denial of Rehearing - replaces opinion filed 6/21/04
351 Ill. App. 3d 343 (Appellate Court of Illinois, 2004)
People v. Cummings
813 N.E.2d 1004 (Appellate Court of Illinois, 2004)
People v. Beauford
621 N.E.2d 1 (Appellate Court of Illinois, 1991)
People v. Suarez
606 N.E.2d 1237 (Appellate Court of Illinois, 1991)
People v. Herron
578 N.E.2d 1310 (Appellate Court of Illinois, 1991)
People v. Abernathy
545 N.E.2d 201 (Appellate Court of Illinois, 1989)
People v. Clark
513 N.E.2d 937 (Appellate Court of Illinois, 1987)
People Ex Rel. Hartigan v. Jansen
502 N.E.2d 1129 (Appellate Court of Illinois, 1986)
People v. Lieberman
501 N.E.2d 797 (Appellate Court of Illinois, 1986)
People v. Butler
484 N.E.2d 921 (Appellate Court of Illinois, 1985)
People v. Smith
479 N.E.2d 328 (Appellate Court of Illinois, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
466 N.E.2d 1295, 126 Ill. App. 3d 216, 81 Ill. Dec. 493, 1984 Ill. App. LEXIS 2126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-surles-illappct-1984.