People v. Wembley

796 N.E.2d 97, 342 Ill. App. 3d 129, 277 Ill. Dec. 382, 2003 Ill. App. LEXIS 641
Appellate Court of Illinois·Decided May 23, 2003·No. 1-00-4196·Published·Cited by 8 cases

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Following separate jury trials, defendant, Ronald Wembley (defendant), and Roosevelt Stevens (codefendant), were both convicted of first degree murder. 720 ILCS 5/9 — 1(a)(1) (West 1998). The trial court sentenced defendant to 45 years in prison. This appeal followed.

On appeal, defendant argues that he was denied a fair trial because: (1) the trial court questioned his venire en masse and asked potential jurors to defer their questions; (2) the judge who conducted the voir dire was different from the judge who presided over the trial; (3) the State made improper closing arguments; and (4) the trial court erred in considering a void prior conviction in sentencing defendant. For the following reasons, we affirm defendant’s conviction and sentence.

BACKGROUND

Defendant and codefendant were both tried before Judge McSweeney-Moore for the first degree murder of Tyree Williams. There were two juries, one for the defendant and one for the codefendant.

On September 7, 2000, Judge Sacks conducted the voir dire for Judge McSweeney-Moore for the impending trial of the defendant. Judge Sacks instructed the venire members en masse about the requirements in Supreme Court Rule 4310b) (177 Ill. 2d R. 431(b)) and People v. Zehr, 103 Ill. 2d 472 (1984), that: (1) the defendant was presumed innocent of the charges against him; (2) the defendant could only be convicted of the charged crime if the State proved the defendant guilty beyond a reasonable doubt; (3) the defendant was not required to present any evidence of his innocence; and (4) the defendant’s failure to testify could not be held against him. During the voir dire, Judge Sacks asked the venire persons: whether or not any person knew the defendant; whether anyone had “any difficulty following the law about the presumption of innocence and proof beyond a reasonable doubt”; whether anyone had a problem with “the State has the burden of proof beyond a reasonable doubt”; whether “anyone in the courtroom serve[d] on a jury within the last year”; and whether anyone had any “physical, emotional infirmities that would prevent [him/her] from serving on the case.” When a venire person raised his/her hand in response, Judge Sacks would tell the person that he would discuss the question when the venire person was called as a potential juror. Defense counsel raised no objections.

After addressing the entire venire, Judge Sacks questioned each juror individually. During individual questioning, Judge Sacks asked each and every potential juror whether he or she could be fair and impartial. Each of the venire members who eventually was picked as a juror answered affirmatively to the question. Judge Sacks also asked every venire member but two who later became jurors in this case whether they had raised their hands in response to the earlier questions. They all answered in the negative. However, Judge Sacks did not ask jurors Elizabeth Hall and Sally Sellers whether they had raised their hands earlier.

During voir dire, the State attempted to use a peremptory challenge to exclude juror Sally Sellers and defense counsel objected. After hearing arguments from both parties, Judge Sacks denied the State’s peremptory challenge. Sally Sellers served as a juror in this trial. After a jury was selected, the jurors reported to Judge McSweeney-Moore for the trial.

Steven Williams (Steven), the victim’s brother, testified that he was serving a 10-year sentence for aggravated vehicular hijacking and possession of controlled substance with intent to deliver. Steven testified that on April 18, 1998, he and Tyree drove their aunt’s red Cavalier to Stateway Gardens to look for girls. Stateway Gardens is a public housing complex located at 35th and South State Streets. The buildings comprising the Stateway Gardens were controlled by the Gangster Disciples (GDs) or the Black Disciples (BDs), rival street gangs. After conversing with two girls at the complex, they left. As Tyree was driving down a fire lane, Steven saw Ronald Wembley (defendant) raise a gun and aim at them. Seeing this, Steven urged Tyree to drive into a playground to escape. Steven testified that when the car was in the basketball court, the defendant fired a shot which hit their car. The bullet penetrated the car’s trunk and hit Tyree in the elbow. After being shot, Tyree lost control of the car and crashed into a parked car. After the crash, Tyree and Steven tried to escape on foot. As they were fleeing, about 10 to 15 GDs caught them and dragged Steven into a building and beat him. Steven escaped with minor injuries because Black Disciple (BD) members came to his rescue. Meanwhile, other GDs caught Tyree and dragged him to the side of a building to beat him. After escaping, Steven went to look for Tyree and found him lying dead beside a building. Steven stayed by his brother until the police arrived. He gave the police the names of the defendant and another Gangster Disciple (GD) who had jumped him and Tyree.

On April 19, 1998, Steven went to the police station to view a lineup. Steven identified Roosevelt Stevens (Stevens) as one of the GDs who dragged Tyree away. Steven also identified the defendant in a photo array as the person who fired the shot into the car that hit Tyree’s elbow.

Antwone Lee (Lee) testified that he and the defendant were both GDs. Lee testified that the GD creed was to “aid and assist” any GD under any circumstances. If a GD did not follow this rule, the GD would be “violated.” “Violated” means the GD would be beaten, punched and kicked by fellow gang members. Lee further testified that the first rule of the GD was “silence and secrecy,” which means no outsider is privy to GD business. The punishments for the violation of this rule range from a five-minute beating in the face with the hands tied behind the back to being killed by other GDs.

Lee also testified that GDs had to do security duty. While on security duty, the GDs would carry handguns. Lee testified that he had seen defendant carry a 44 Magnum silver handgun 10 to 15 times while defendant was carrying out security duties.

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People v. Wembley, 796 N.E.2d 97, 342 Ill. App. 3d 129, 277 Ill. Dec. 382, 2003 Ill. App. LEXIS 641 (Ill. Ct. App. 2003).

796 N.E.2d 97 (People v. Wembley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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