People v. White

628 N.E.2d 1102, 257 Ill. App. 3d 405, 195 Ill. Dec. 638, 1993 Ill. App. LEXIS 2098
Appellate Court of Illinois·Decided December 30, 1993·No. 1-91-0192·Published·Cited by 18 cases

Opinion

JUSTICE GIANNIS

delivered the opinion of the court:

Defendant, Brent White, was charged by indictment with armed robbery, home invasion, and residential burglary. Following a jury trial, defendant was found guilty of armed robbery and home invasion in violation of sections 12 — 11(a)(1) and 18 — 2(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, pars. 11(a)(1), 18 — 2(a)). He was thereafter sentenced by the court to seven years in the penitentiary. Defendant appeals his conviction pursuant to Supreme Court Rule 603 (134 Ill. 2d R. 603).

Defendant raises the following issues for our review: (1) whether the trial court committed reversible error by prohibiting a defense witness from testifying who was not disclosed to the State in pretrial discovery; and (2) whether the trial court improperly admitted the testimony of a State witness who stated that defendant had threatened him with a gun on the day following the robbery.

Anthony Brown testified that in 1984 he had been the victim of a shooting accident that left him partially paralyzed on his left side and blind in his right eye. As a result of the accident, Brown received a large cash settlement.

On July, 3,1989, in the early afternoon, Brown and Darryl Castle visited the Indiana State line to purchase fireworks for the coming July 4 holiday. After buying the fireworks, Brown went to the home of Freida Grayson which was located down the block from his apartment. Brown had known Freida Grayson from the time he was born and planned to celebrate the holiday at her house. During the afternoon, numerous people gathered at the house to drink beer and celebrate the impending holiday, including Freida Grayson, Jerome Faulkner, Ricky Brown, Darryl Castle, and Catrice Grayson.

Later on that July 3 evening, Brown observed Latawan Grayson and defendant arrive at the house. Brown had never met defendant prior to this gathering. Brown testified that he had been drinking beer at the party for several hours before going home between 2:30 and 3:30 a.m on July 4.

When Anthony Brown and Jerome Faulkner left Freida Gray-son’s house, they walked down the block to Brown’s apartment building. Brown had noticed that defendant had left the party 15 minutes earlier. Prior to entering the building, Catrice Grayson met Brown outside and accompanied him upstairs to his apartment. Jerome Faulkner continued to walk down the street and did not go inside Brown’s building. A few minutes after Brown and Catrice Grayson had been in the apartment, someone knocked on the door and asked whether Tricia (Catrice) was in the apartment. The person said that it was Tawan, but Brown could not identify the voice. Without opening the door, Brown responded that Tricia was in the apartment and she would be leaving shortly.

A few minutes later, when Catrice was ready to leave, Brown opened his apartment door and observed defendant standing in the hallway. Brown testified that defendant was holding a rifle and pointing it at Brown’s head. He indicated, however, that the gun’s barrel was not the full length of a rifle. Defendant ordered Brown to back up inside the apartment and to lie down on the bed. Brown testified that defendant threatened him, telling him that "I can kill you easy because I’m already high.” During the incident, Catrice Grayson remained standing inside the apartment and did nothing. On cross-examination, Brown testified that he could not get a good height description of defendant at the time because defendant made him lie on the bed and because he was nervous. He also testified that he could not be sure whether the defendant had a moustache, although he did state that the robber did not have a beard, did not wear glasses during the robbery and had short black hair.

After Brown was forced to lie on the bed, defendant pointed the weapon between Brown’s legs and asked him for his gold rings and wallet. Defendant removed two gold rings from Brown’s fingers and took $641 from Brown’s wallet. Defendant also removed the coins from Brown’s front pocket saying "[w]e take change, too.” After taking the rings and money, defendant told Brown to "get a good look at me because I live in the neighborhood, and I be seeing you around.” Before leaving the apartment, defendant began searching for Brown’s VCR. Brown heard Catrice Grayson say "[w]ell, you just going to have to shoot me because I’m walking out of here.” Catrice Grayson then left Brown’s apartment and defendant quickly followed her.

After defendant and Catrice left his apartment, Brown testified that he proceeded two doors down the hall to his brother’s apartment. Brown told his brother, Lamont, what had happened and Lamont called the police. Lamont made the call from the telephone located in the second-floor hallway of the building because neither he nor Brown had a telephone in their respective apartments. After the police failed to arrive, Lamont contacted the police a second time, but police again did not respond to the scene.

Later that morning, at approximately 8:30 a.m., Brown returned to Freida Grayson’s house. Brown had recognized defendant as one of the people who had attended the party at Freida Grayson’s home on the previous evening, but he did not know defendant’s name. Brown asked Freida if she knew the name of the person at the party wearing the blue sweat jacket and standing with Latawan Grayson. Brown testified that pursuant to that discussion, Freida Grayson supplied him with defendant’s name.

At approximately noon, Brown was taken to the police station by Violet Grayson where he reported the robbery to the police. A few days after he reported the incident, Brown was contacted by Detective John Duffy and spoke with him about the crime. On July 13, 1989, Brown met with Detective Duffy on the street in front of his apartment building where the detective showed Brown several photographs. He indicated that he recognized defendant in one of the photographs and noted that the photograph showed defendant to have a bandage on his head. On July 23, 1989, Brown visited the Area 2 violent crimes office on 111th Street, where he was able to positively identify defendant in a lineup as the person who had robbed him.

Detective John Duffy testified next for the State. On July 6,1989, Detective Duffy was assigned to investigate the robbery and home invasion of Anthony Brown. Detective Duffy reviewed the report of the incident that had been previously prepared and noticed that it listed defendant’s name as the offender. Detective Duffy obtained a photograph of defendant and contacted Anthony Brown to make arrangements to meet with him. On July 13, 1989, the detective met with Brown on the street across from Brown’s apartment building. At the meeting, Detective Duffy showed Brown nine black-and-white photographs. Duffy testified that Brown recognized defendant in one of the photographs but was not able to make a positive identification because defendant’s picture showed bandages on his head.

After meeting with Brown, Detective Duffy spoke with Freida Grayson and June Dean about the occurrence. June Dean was the mother of defendant’s girlfriend, Franzetta Dean. After defendant was identified, Detective Duffy learned that defendant’s girlfriend had gone to Battle Creek, Michigan.

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People v. White, 628 N.E.2d 1102, 257 Ill. App. 3d 405, 195 Ill. Dec. 638, 1993 Ill. App. LEXIS 2098 (Ill. Ct. App. 1993).

628 N.E.2d 1102 (People v. White) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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