People v. Wallace

426 N.E.2d 1017, 100 Ill. App. 3d 424, 55 Ill. Dec. 692, 1981 Ill. App. LEXIS 3348
CourtAppellate Court of Illinois
DecidedSeptember 11, 1981
Docket80-424
StatusPublished
Cited by35 cases

This text of 426 N.E.2d 1017 (People v. Wallace) 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. Wallace, 426 N.E.2d 1017, 100 Ill. App. 3d 424, 55 Ill. Dec. 692, 1981 Ill. App. LEXIS 3348 (Ill. Ct. App. 1981).

Opinion

Mr. JUSTICE MEJDA

delivered the opinion of the court:

Following a jury trial, defendant was found guilty of robbery (Ill. Rev. Stat. 1979, ch. 38, par. 18 — 1) and sentenced to a term of seven years. On appeal, defendant contends: (1) that he was denied a fair trial in that the court prevented him from testifying as to his state of mind; (2) that it was error to refuse to instruct the jury on the defense of withdrawal; (3) that the prosecutor’s improper closing arguments denied him a fair trial; and (4) that he was improperly sentenced. We affirm.

In view of the fact that defendant has not raised any question concerning the sufficiency of the evidence, only a brief recitation of the facts is necessary.

Approximately 10 p.m. on July 19, 1979, the victim, a 70-year-old woman, drove into a supermarket parking lot. She parked her car about four feet from the store’s entrance and proceeded to remove some empty bottles from her trunk. As she was exiting the car, she noticed a young man and woman, who were holding hands and kissing, walking across the parking lot. They stopped about two feet from the victim.

The victim, with her purse in her left hand and the bottles in her right, then heard the sound of footsteps rushing toward her. The young man whom she identified as defendant grabbed at her purse. As she dropped the bottles and fell to her knees, defendant fled. Immediately thereafter, Wanda Cannon, who had been standing directly behind defendant, snatched the victim’s purse and fled in the same direction.

The victim, still holding on to the purse strap, got up, chased after her assailants and began yelling for help. Horace Bailey, the supermarket detective, was standing at a nearby bus stop and heard the victim’s call for help. He stopped and handcuffed Ms. Cannon, recovered the purse and returned to the supermarket to call the police.

Shortly after the victim gave the police a description of her assailant, defendant was brought back to the supermarket and identified by the victim. Thereafter, the victim was taken to the hospital and treated for cuts on her knees and fingers and minor injuries to her lip and nose.

Wanda Cannon, defendant’s girlfriend, testified for the defense. She and defendant were walking in the supermarket parking lot and defendant had his hand around her waist. When they were within about five feet of the victim, she, without warning, pushed defendant to the side and grabbed the victim’s purse. While she struggled with the victim for the purse, defendant, looking shocked, said, “I don’t want anything to do with this.” He then fled. Cannon further testified that she plead guilty for her participation in the robbery and was given probation.

Defendant’s testimony was substantially similar to Cannon’s. He also testified that he never touched nor spoke to the victim. As he fled, he heard someone yell, “halt,” but did not stop. He ran across the street and down the block and sat on a bench. He watched as the police arrived at the supermarket until another squad car pulled along side the bench. He did not resist or attempt to run, and was taken back to the supermarket. Finally, defendant admitted that he had been convicted and served time for attempted armed robbery and aggravated battery.

Thereafter, the jury found defendant guilty of armed robbery. Following a hearing on aggravation and mitigation, he was sentenced to a term of seven years. Defendant appeals.

Opinion

I

Defendant first contends that he was denied a fair trial when he was prevented from testifying as to his state of mind during and immediately after the robbery. He argues that his intent was material because it was an element of the offense. The State maintains that defendant’s testimony regarding his state of mind after the incident was properly excluded because it was immaterial and that defendant was permitted to testify as to his state of mind before and during the offense.

Where intention, motive or belief of an accused is material to the issues to be proved, a defendant is entitled to testify directly as to his state of mind. (People v. Biella (1940), 374 Ill. 87, 28 N.E.2d 111; People v. Christen (1980), 82 Ill. App. 3d 192, 402 N.E.2d 373.) The exclusion of such testimony has been held to constitute reversible error unless sufficient evidence of his intent is subsequently admitted. (People v. Christen; People v. Lemcke (1980), 80 Ill. App. 3d 298, 399 N.E.2d 677.) However, if the information is irrelevant to the crime charged, it may properly be excluded. People v. Perry (1974), 19 Ill. App. 3d 254, 311 N.E.2d 341.

Defendant objects to three specific instances in which he was precluded from testifying as to his state of mind. In order to ascertain whether the excluded evidence was material to the issue of defendant’s guilt, it is necessary to consider the stricken question in the context of elements that the State must prove in order to sustain defendant’s conviction for robbery. A person commits robbery when he takes property from the person or presence of another by the use of force or by threatening the imminent use of force. (Ill. Rev. Stat. 1979, ch. 38, par. 18 — 1.) In order to establish defendant’s legal accountability for the conduct of another, the State must prove that the accused (1) either before or during the offense, and (2) with the intent to promote or facilitate the commission of the offense, (3) solicited, aided, abetted, agreed, or attempted to aid such other person in the planning or commission of the offense. (Ill. Rev. Stat. 1979, ch. 38, par. 5 — 2(c); People v. Grice (1980), 87 Ill. App. 3d 718, 410 N.E.2d 209.) Whether an individual has the specific intent to aid or abet a crime for the purpose of imposing liability pursuant to the accountability statute is a question of fact for the jury. People v. Kelly (1976), 39 Ill. App. 3d 988, 351 N.E.2d 419.

The first question defendant was precluded from testifying to concerned his state of mind as he was sitting on the bench after he had fled from the scene of the crime. While defendant correctly argues that his thoughts or intentions at the time of the robbery weredrighly material, this question was attempting to establish defendant’s state of mind after the robbery had been committed and, therefore, was immaterial to the issue of accountability. (See Ill. Rev. Stat. 1979, ch. 38, par. 5 — 2(c).) Consequently, this testimony was properly excluded.

Next, defendant was precluded from testifying as to why he ran from the scene if he was not doing anything. After the court sustained the State’s objection, defense counsel argued that since the State was accusing defendant on the theory of accountability, his running from the scene of the crime “seems to indicate that he might have had a guilty conscience as to the act committed.” Defense counsel then made the following offer of proof:

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Bluebook (online)
426 N.E.2d 1017, 100 Ill. App. 3d 424, 55 Ill. Dec. 692, 1981 Ill. App. LEXIS 3348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wallace-illappct-1981.