People v. Tolbert

753 N.E.2d 1193, 323 Ill. App. 3d 793, 257 Ill. Dec. 567
Appellate Court of Illinois·Decided July 26, 2001·No. 5-98-0170·Published·Cited by 27 cases

Opinions

JUSTICE MAAG

delivered the opinion of the court:

The State filed an information in the circuit court of Hardin County on July 29, 1995, charging Elizabeth H. Tolbert (defendant), James M. Sanford, defendant’s brother, and Chris Reed, also known as Chris Olveda, with the offense of first-degree murder in violation of section 9—1(a)(1) of the Criminal Code of 1961 (Code) (720 ILCS 5/9—1(a)(1) (West 1994)). The information specifically charged that each of the foregoing people, without lawful justification, shot Wilson D. Tolbert, Jr., knowing said act would cause his death. An amended information was filed on January 17, 1996, charging defendant with first-degree murder for shooting Wilson on May 24, 1995. Additionally, the amended complaint charged defendant with conspiracy to commit first-degree murder. More specifically, it alleged that defendant had agreed with Sanford that a murder should be committed and then furnished Sanford transportation to the scene of the murder in violation of section 8—2(a) of the Code (720 ILCS 5/8—2(a) (West 1994)). We note parenthetically that Sanford was convicted of first-degree murder and conspiracy to commit first-degree murder in 1996. People v. Sanford, No. 5—97—0062 (1998) (unpublished order under Supreme Court Rule 23 (166 Ill. 2d R. 23)). The circuit court severed the three prosecutions early in the proceedings of this case, and the issues raised i herein refer only to defendant’s case.

On March 27, 1996, defendant pleaded guilty to a charge of first-degree murder for her involvement in the death of her husband. In exchange for her plea, the State dismissed the accompanying charge of conspiracy to commit first-degree murder and recommended a sentence of 45 years’ imprisonment. On May 5, 1997, defendant filed a motion to withdraw her guilty plea. The motion to withdraw was granted subsequent to a hearing. Following a jury trial, defendant was convicted of first-degree murder and conspiracy to commit first-degree murder. The circuit court sentenced defendant to 60 years’ imprisonment. Defendant appeals.

•1 Initially, we note that defendant has filed a motion to strike the “facts” section of the State’s brief. The State filed an objection and the motion was taken with the case. After reviewing the “facts” section of the State’s brief, we note that there are several comments in that section that constitute argument and are, therefore, improper pursuant to Supreme Court Rule 341(e)(6) (177 Ill. 2d R. 341(e)(6)). Even though we are denying defendant’s motion to strike the “facts” section of the State’s brief, we will ignore the offensive parts of that section and note that they do not enter into our decision in this case.

Defendant initially claims that the circuit court erred when it allowed the introduction of other-crimes evidence, when testimony was given regarding the fraudulent loans secured by defendant far in advance of the offenses charged. Defendant also claims that reversible error occurred because the circuit court failed to give a limiting instruction on other-crimes evidence. Defendant is apparently claiming that the evidence of fraudulent loans was introduced to prejudice the jury against her since it showed evidence of defendant’s other criminal acts. Defendant claims that since she was charged with first-degree murder and conspiracy to commit first-degree murder, the other criminal acts had nothing to do with the case at hand. We disagree.

•2 Other-crimes evidence is relevant for any purpose other than to show a defendant’s propensity to commit a crime. People v. Luczak, 306 Ill. App. 3d 319, 324, 714 N.E.2d 995, 999 (1999). This type of evidence is prejudicial because a jury might convict the defendant because it believes that she is a bad person and deserves punishment. People v. Markiewicz, 246 Ill. App. 3d 31, 37, 615 N.E.2d 869, 874 (1993). Other-crimes evidence may be relevant and admissible, however, for any other legitimate purpose, such as to prove modus operandi, the defendant’s state of mind, consciousness of guilt, the absence of an innocent frame of mind or the presence of criminal intent, the circumstances or context of defendant’s arrest, the circumstances of the crime charged that would otherwise be unclear, how an otherwise implausible fact relating to the crime charged arose, the placement of the defendant in proximity to the time and place of the crime, the identification of the weapon used in the crime, whether the crime charged was actually committed, opportunity or preparation, a dislike for or an attitude toward the victim, knowledge, intent, identity, motive, or the absence of mistake or accident (Luczak, 306 Ill. App. 3d at 324, 714 N.E.2d at 999; People v. O’Toole, 226 Ill. App. 3d 974, 991, 590 N.E.2d 950, 961-62 (1992)), if the probative value outweighs the risk of unfair prejudice. Markiewicz, 246 Ill. App. 3d at 38, 615 N.E.2d at 874. This list of purposes “ ‘should not be taken to mean that these are the only purposes for which evidence of other crimes may be admitted.’ ” O’Toole, 226 Ill. App. 3d at 991, 590 N.E.2d at 962, quoting People v. Kimbrough, 138 Ill. App. 3d 481, 486, 485 N.E.2d 1292, 1297 (1985). In fact, the Illinois Supreme Court has stated that evidence of other crimes is admissible if it is relevant to establish any material issue other than the propensity to commit crime. People v. Stewart, 105 Ill. 2d 22, 62, 473 N.E.2d 840, 860 (1984). Evidence is relevant if it tends to make the existence of any fact of consequence more or less probable than without the evidence. People v. Young, 263 Ill. App. 3d 627, 639, 635 N.E.2d 473, 483 (1994). Although any evidence that tends to show that an accused had a motive for killing the decedent is relevant, to be competent it must at least, to a slight degree, tend to establish the existence of the motive relied on. Stewart, 105 Ill. 2d at 56, 473 N.E.2d at 857.

It is within the sound discretion of the circuit court to determine whether the evidence of other crimes is relevant to a material issue and whether the probative value outweighs its prejudicial impact. Luczak, 306 Ill. App. 3d at 327, 714 N.E.2d at 1001. The circuit court’s ruling as to the admissibility of such evidence will not be reversed absent a clear showing of an abuse of discretion. People v. Oaks, 169 Ill. 2d 409, 454, 662 N.E.2d 1328, 1348 (1996). An abuse of discretion occurs when the circuit court’s decision is arbitrary, fanciful, or unreasonable or where no reasonable person would take the view adopted by the circuit court. Markiewicz, 246 Ill. App. 3d at 38, 615 N.E.2d at 875.

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People v. Tolbert, 753 N.E.2d 1193, 323 Ill. App. 3d 793, 257 Ill. Dec. 567 (Ill. Ct. App. 2001).

753 N.E.2d 1193 (People v. Tolbert) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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