People v. Ward

550 N.E.2d 1208, 194 Ill. App. 3d 229, 141 Ill. Dec. 162, 1990 Ill. App. LEXIS 118
Appellate Court of Illinois·Decided January 30, 1990·No. 1-86-3169·Published·Cited by 9 cases

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendant Lonnie Ward appeals from his convictions following a trial for armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2) and possession of a stolen motor vehicle (Ill. Rev. Stat. 1985, ch. 95 1 /2, par. 4 — 103) and from the imposition of concurrent sentences of eight and seven years’ imprisonment, respectively.

In August 1985, defendant and codefendant Rose Richmond were indicted for armed robbery, possession of a stolen motor vehicle, theft and two counts of armed violence. During their joint bench trial on July 30,1986, the court heard the following evidence.

Daniel Ramos testified that on July 29, 1985, at about 8 p.m., he was on his way to visit a friend at 1800 North Lawndale in Chicago. As Ramos stepped out of his car, a yellow 1976 Cadillac, defendant and Richmond walked up to him and asked him for help with defendant’s car. When Ramos went to open his trunk, defendant put a knife to his throat and said, “You move, I’ll kill you.” He then took over $150 from Ramos’ pocket and the keys from his hand.

Continuing to hold the knife at Ramos’ throat, defendant ordered him to sit down on the street behind Ramos’ car and to remove his clothing. After Ramos sat down, defendant forced him to take off his shoes and to lie down on his stomach. Defendant then told Richmond to get into the car and, still holding the knife, backed up to the car himself, got inside and drove away.

Ramos testified further that on August 13, 1985, he was in the vicinity of Grand Avenue and Pulaski Road at about 5:30 p.m., when he saw his car parked next to a hot dog stand. Immediately he called the police, but before the police could arrive, defendant and Richmond came out from the hot dog stand. Ramos told them the car was his and that they should not move it because he had just called the police. Without speaking to Ramos, defendant and Richmond got into the car and drove away.

The next day Ramos was again in the vicinity of Grand and Pulaski at about 5 p.m., when he saw his car in the parking lot of a hardware store. Again Ramos called the police, who arrived in five minutes. Soon thereafter defendant walked out of the store, and the police apprehended him. Richmond was apprehended after Ramos recognized her at the police station while he was filling out a report.

Officer Gregory Salvi, one of the two officers who responded to Ramos’ call on August 14, 1985, essentially corroborated Ramos’ testimony about the events which transpired that day.

Defendant presented the testimony of codefendant Richmond and himself. Richmond claimed that on the day of the alleged robbery she was at her new apartment at 4101 Camerling together with defendant and two other men. She also testified that in July 1985 neither she nor defendant owned a car. Defendant planned to buy one some time after the day of the alleged robbery, however, and Richmond gave him $150 toward its purchase. She claimed that defendant got the new car about August 10,1985.

Testifying on his own behalf, defendant stated that on the evening of the alleged robbery, at about 6:30 or 7 p.m. he, Richmond and two others arrived at the apartment on Camerling to paint the walls and did not leave until the next day. He also stated that on August 10, 1985, he bought a 1976 Cadillac Eldorado from a stranger named Tyrone Malones, who took $200 and promised to return the next day to hand over the title and to collect the balance of $600. According to defendant, Malones never returned.

Defendant testified next that on August 13, 1985, he remembered hearing a man further away on the street complaining about a car. Because he did not think the man was talking to him, defendant drove away. He could not identify that man as Ramos at trial.

The circuit court found defendant guilty of armed robbery and possession of a stolen motor vehicle. On September 3, 1986, defendant received concurrent sentences of eight years’ and seven years’ imprisonment for the two crimes, respectively.

Defendant initially urges this court to reverse his conviction for possession of a stolen motor vehicle, maintaining that the statute, as amended in 1985, is constitutionally infirm. 1 (See Pub. Act 83 — 1473, eff. Jan. 1, 1985 (amending Ill. Rev. Stat. 1983, ch. 95V2, par. 4— 103).) Next he argues that the circuit judge abused his discretion when he imposed concurrent sentences of seven and eight years’ imprisonment. We will address the constitutional issues first.

I

The relevant provisions of section 4 — 103 of the Illinois Vehicle Code (Vehicle Code) are as follows:

“§4 — 103. Offenses relating to motor vehicles and other vehicles — felonies. (a) It is a violation of this Chapter for:
(1) A person not entitled to the possession of a vehicle or part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted; additionally the General Assembly finds that the acquisition and disposition of vehicles and their essential parts are strictly controlled by law and that such acquisition and disposition are reflected by documents of title, uniform invoices, and bills of sale. It may be inferred, therefore that a person exercising exclusive unexplained possession over a stolen or converted vehicle or an essential part of a stolen or converted vehicle has knowledge that such vehicle or essential part is stolen or converted, regardless of whether the date on which such vehicle or essential part was stolen is recent or remote;
(b) Sentence. A person convicted of a violation of this Section shall be guilty of a Class 2 felony.” Ill. Rev. Stat. 1985, ch. 95V2, par. 4 — 103.

Defendant advances three arguments against the validity of the statute. First, he maintains the statute is unconstitutional because it punishes possession more severely than theft, a greater included offense of possession. Second, he argues that the enhanced penalty provision of the statute bears no reasonable relation to the legislative goal of preventing automobile theft and chop shop operations. Finally, he contends that the statute is unconstitutionally vague because it embodies conflicting mental states.

A

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People v. Ward, 550 N.E.2d 1208, 194 Ill. App. 3d 229, 141 Ill. Dec. 162, 1990 Ill. App. LEXIS 118 (Ill. Ct. App. 1990).

550 N.E.2d 1208 (People v. Ward) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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