People v. Tripp

715 N.E.2d 689, 306 Ill. App. 3d 941, 240 Ill. Dec. 2, 1999 Ill. App. LEXIS 527
CourtAppellate Court of Illinois
DecidedJuly 21, 1999
Docket1-97-2728
StatusPublished
Cited by18 cases

This text of 715 N.E.2d 689 (People v. Tripp) 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. Tripp, 715 N.E.2d 689, 306 Ill. App. 3d 941, 240 Ill. Dec. 2, 1999 Ill. App. LEXIS 527 (Ill. Ct. App. 1999).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Following a jury trial, defendant Victor Tripp was convicted of four counts of armed robbery and subsequently sentenced to four concurrent terms of 55 years’ imprisonment. On appeal, defendant contends that the trial court erred in: (1) denying his motion for a directed finding on the count of the indictment charging him with the armed robbery of Marcos Chavez; (2) finding that the police had probable cause to open a locked footlocker discovered in defendant’s car after defendant had been placed under arrest; and (3) sentencing defendant to 55 years’ imprisonment since a codefendant received a much less severe sentence. In addition, defendant argues that the trial court’s imposition of a 55-year sentence was unduly excessive. For the reasons set forth below, we affirm.

Defendant and a codefendant, Germain Johnson, were indicted on four counts of armed robbery, robbery, aggravated unlawful restraint, and unlawful restraint. Johnson pled guilty to all the counts immediately before trial and received concurrent 15-year sentences. Prior to trial, defendant and Johnson filed a motion to quash their arrests and suppress evidence, arguing the police lacked probable cause to search a footlocker found in the backseat of defendant’s car at the time of his arrest. At a hearing on the motion, defendant testified that on November 29, 1995, at approximately 10:30 p.m., he was standing at the corner of Douglas Boulevard and Sawyer Street in Chicago speaking to Johnson. His car was legally parked on Sawyer, facing south on the east side of the street approximately 10 feet from the intersection of Douglas and very close to the curb. Defendant stated he and Johnson had been standing on the corner talking for approximately 40 minutes when the police arrived. According to defendant, he was about 12 feet from his car when he was arrested and was never in the car while the police were at the scene.

On cross-examination, defendant stated that the police officers got out of their squad car, approached him and Johnson and then searched them. According to defendant, the officers then went to his car, shined a flashlight into it, tried to open the door, finally gained entrance by using a slim jim, and searched the car. On redirect, defendant stated that he observed the squad car proceeding north down Sawyer and that Sawyer was a one-way street south.

Wyvonia Pickett, a friend of defendant’s, testified as a witness for defendant. She stated that on November 29, she was at a friend’s house on Douglas and, at approximately 10:35 p.m., she observed defendant near the corner of Sawyer and Douglas approximately 10 steps from his parked car and he was walking away from the car. Pickett also stated that she saw a police car proceeding in the wrong direction on Douglas, which then turned and went in the wrong direction on Sawyer. Thereafter, Pickett saw the police search defendant and his car. On cross-examination, Pickett stated that she had known defendant for approximately a month prior to his arrest and that she had visited him four or five times in jail since his arrest.

Codefendant Johnson’s subsequent testimony was substantially the same as defendant’s and Pickett’s. In addition, Johnson testified that the police did not recover any property from him as a result of their search and no one ever told him why he was being detained or searched.

In opposition to the motion, the State called Officer Michael Soto as a witness. He testified he was on a routine patrol with his partner on November 29, 1995, and was driving a squad car southbound on Sawyer near the corner of Sawyer and Douglas when he observed a car obstructing traffic on Sawyer. The car, which was occupied by two black males, was parked in the middle of the street and another car had to squeeze by. Soto activated his car’s emergency equipment, exited the car, and approached the driver’s side of the other car. Soto then asked the driver of the car, later identified as defendant, for his license and proof of insurance. When defendant stated he did not have that information, Soto had defendant exit the vehicle and placed him under arrest. Soto also testified that after defendant exited the vehicle, he noticed a handgun between the two front seats. At this time, Soto’s partner had the passenger, identified as codefendant Johnson, exit the car and both were handcuffed and placed in the officers’ squad car. After Soto seized and unloaded the weapon, he performed a search of the car and then noticed that defendant and Johnson partially fit the description of two of the three people who had robbed a jewelry store earlier that day. Specifically, Soto stated:

“Well, one of the offenders in the original case report I took was noted as having a black jacket and very sleepy, puffy eyes and I noticed one of the offenders, the passenger of that car fit the description of that person.”

Soto further stated that defendant also fit the physical description of one of the other men. According to Soto, that description was of a black male, approximately 20 years old, about 5 feet 8 inches tall, 170 or 180 pounds, wearing a black jacket.

Soto also testified that when he searched defendant’s car, he discovered gray duct tape, similar to the type used to bind the victims of the robbery, and a large footlocker. Soto and his partner removed the footlocker, pried open its side and saw “numerous amounts of jewelry.” Soto recovered $1,000, a gold money clip, a gold chain, and several keys from defendant. Soto’s partner recovered a gold chain and two gold medallions from Johnson.

On cross-examination, Soto admitted that the descriptions he had did not mention anything about the suspects’ hair or complexion. Soto further testified that defendant did not have a scar on his right hand even though the description he had indicated that one of the suspects had a scar on his hand. Soto admitted that the description he attributed to defendant could “fit many, many, [sic] black males.” Soto also stated that he suspected that the jewelry was in the footlocker because when he moved it he heard something inside. Soto further stated that two of the suspects were described in his robbery report as being between 18 and 24 years old, 5 feet 8 inches tall, 160 pounds, and wearing black jackets. After arresting Johnson, Soto discovered that Johnson was 5 feet 11 inches tall and weighed 140 pounds.

After hearing the parties’ arguments, the trial court denied defendant’s motion to quash and suppress, stating:

“In this particular case the Court believes that the officers had probable cause to make an arrest, and in fact make the search of that closed case.
^ $
When the driver of that car [defendant] *** was asked to produce a license, he was unable to do so, none was produced. When he was asked to produce an insurance card, that also was not produced, and when he was asked to step out, he was placed properly under arrest for those particular violations.
At that time the officer saw a handgun, the handgun in the vehicle^] therefore, it gave them [sic] probable cause further to arrest this individual, who was already under arrest.

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Cite This Page — Counsel Stack

Bluebook (online)
715 N.E.2d 689, 306 Ill. App. 3d 941, 240 Ill. Dec. 2, 1999 Ill. App. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tripp-illappct-1999.