People v. Tatum

906 N.E.2d 695, 389 Ill. App. 3d 656, 329 Ill. Dec. 497, 2009 Ill. App. LEXIS 214
CourtAppellate Court of Illinois
DecidedMarch 31, 2009
Docket1-07-1372
StatusPublished
Cited by32 cases

This text of 906 N.E.2d 695 (People v. Tatum) 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. Tatum, 906 N.E.2d 695, 389 Ill. App. 3d 656, 329 Ill. Dec. 497, 2009 Ill. App. LEXIS 214 (Ill. Ct. App. 2009).

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Following a jury trial, defendant Dabney Tatum was found guilty of residential burglary and was sentenced as a Class X offender to a term of 28 years’ imprisonment. On appeal, defendant raises the following contentions of error. Defendant contends that: (1) he was not proven guilty beyond a reasonable doubt; (2) he was denied a fair trial because of the trial court’s actions and comments toward him; (3) he was not mentally competent to represent himself pro se at trial; (4) he was prejudiced by the State’s rebuttal closing argument; (5) the jury instructions were improper; and (6) his sentence was an abuse of discretion. For the following reasons, we affirm.

BACKGROUND

Defendant’s conviction arose from the residential burglary of a home at 4833 North Rutherford Avenue in Chicago on August 10, 2004. Bernadetta Wolna, who primarily speaks Polish, testified through an interpreter that she, her husband and their two teenage children resided at the home. Bernadetta stated that on that date, she and her son returned home at about 2:20 p.m. She walked toward the back of the home and saw defendant run out of her daughter’s bedroom. Bernadetta ran after defendant, who was headed toward the back door. She grabbed his arm and asked him in Polish what he had stolen. Defendant did not respond, but tried to open the back door. She was only a foot from defendant and was able to see his face. After a minute or two, Bernadetta let go of defendant’s arm because she became scared. She described defendant as acting nervous and appearing like he was in shock. When she let go of defendant, he ran out the back door. Bernadetta went into her daughter’s bedroom and noticed that the room had been “ransacked.” There was a black bag lying on the floor next to the closet, which contained a camera, watch and jewelry. A jewelry box that had been hidden under clothes in the closet had been moved. There was also a pack of cigarettes on the floor. Bernadetta told police officers that defendant did not have a beard or mustache and did not have any distinguishing marks on his face. She described defendant as having long, dark blonde hair and wearing a gray jacket, black pants, and rubber gloves. She also made an in-court identification of defendant and stated that she would never forget defendant’s face.

Bernadetta further testified that on September 8, 2004, she identified defendant in a photo array. On September 13, 2004, Bernadetta identified defendant in a lineup. She testified that defendant’s hair had been cut short since the time she had seen him in her home. On cross-examination, Bernadetta admitted that she did not see the offender’s eyes because they were “halfway shut” and could not remember his eye color.

Adam Wolny 1 , Bernadetta’s son, who was 15 years old at the time of the offense, described defendant’s hair as shoulder length and stated that defendant was wearing a light gray jacket, black pants and rubber gloves. Adam further testified that on September 8, 2004, he identified defendant in a photo array. On September 13, 2004, however, he was unable to identify defendant in a lineup. Adam stated that he was unable to identify defendant, “because the only thing I really remember about the defendant was his long hair.”

Elzbieta 2 Wolna testified that on the date of the offense, she was out of town. She stated that before she left, her room was tidy and there was a black bag by the wall that was empty. She kept a camera and a jewelry box in the closet. The jewelry box was hidden under clothing and contained rings, earrings and necklaces. When she returned home, there were about 10 rings missing from the jewelry box. Elzbieta further stated that she did not smoke cigarettes and there was not a pack of cigarettes on the floor of her room when she left.

Detective Raymond Ernst testified that the pictures of individuals in the photo array that he showed Bernadetta and Adam all had similar characteristics. They were white males, about the same age as defendant and had long hair. Detective Ernst stated that he showed Bernadetta and Adam the photo array separately and told them that they may or may not recognize anyone in the photos.

Detective Ernst further testified that officers arrested defendant on September 13, 2004. Officers recovered a pack of Winston 100 Lights cigarettes from his person, which was the same type as was recovered from Elzbieta’s room. After reading defendant his Miranda rights, Detective Ernst asked defendant when defendant cut his hair. Defendant told the detective that he had his hair cut about a month earlier at the Supercuts at Harlem Avenue and Touhy Avenue. Detective Ernst went to the Supercuts at that location and asked to see receipts from August 10, 11 and 12. He found a receipt from August 11 with the name “Tatum.” Detective Ernst further stated that no fingerprints were recovered from the home or from the cigarettes recovered from the home.

On cross-examination, Detective Ernst admitted that the name on the Supercuts receipt was spelled “Tadam” and that nobody at Super-cuts remembered defendant. The detective further stated that when defendant was arrested, officers did not recover any rings, gloves or burglary tools from defendant.

Defendant testified in narrative form that on September 13, 2004, he went to court for a misdemeanor charge that was dismissed. As he was walking out of the courtroom, Detective Ernst approached him and said he would like to talk to defendant. He told defendant that defendant may be a suspect in a burglary and asked defendant to come to the police station. Defendant agreed. When defendant arrived at the police station, the detective placed him under arrest. Defendant told the detective that he was not involved in the burglary. He testified that “on that date, I was not in Mrs. Wolna’s home. It was not me. I’m not the person. I live two doors away from her. I painted the garages that are right next to her home.” Defendant also denied getting his haircut at Supercuts on August 11. On cross-examination, defendant denied having a pack of cigarettes on his person when he was arrested.

ANALYSIS

1. Reasonable Doubt

On appeal, defendant first contends that he was not proven guilty beyond a reasonable doubt because Bernadetta’s and Adam’s identifications of him as the offender were insufficient. He maintains that Bernadetta and Adam identified him as the offender not because they remembered him in their home but because they recognized him from the neighborhood.

When considering the sufficiency of the evidence on appeal, we view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the elements of the crime proven beyond a reasonable doubt. People v. Young, 128 Ill. 2d 1, 49 (1989). We will not reverse a conviction on grounds of insufficient evidence unless that evidence is so unsatisfactory as to raise a reasonable doubt of defendant’s guilt. People v. Furby, 138 Ill. 2d 434, 455 (1990).

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Cite This Page — Counsel Stack

Bluebook (online)
906 N.E.2d 695, 389 Ill. App. 3d 656, 329 Ill. Dec. 497, 2009 Ill. App. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tatum-illappct-2009.