People v. Williams

769 N.E.2d 518, 329 Ill. App. 3d 846, 264 Ill. Dec. 16, 2002 Ill. App. LEXIS 290
Appellate Court of Illinois·Decided April 22, 2002·No. 1-00-0175·Published·Cited by 39 cases

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Jirani Williams (defendant) was convicted of attempted aggravated robbery following a bench trial and was sentenced to 10 years’ imprisonment. Upon appeal, defendant asserts that: (1) his conviction must be reversed because the aggravated robbery statute violates due process; (2) the State did not prove beyond a reasonable doubt that he indicated verbally or by his actions that he was armed with a weapon; (3) he was denied effective assistance of counsel due to counsel’s failure to impeach the State’s witnesses with evidence that contradicted their trial testimony; (4) the State violated defendant’s right to due process by not disclosing information that the key witness and complainant was wanted on an arrest warrant at the time of trial; (5) the mandatory sentencing provision under which he was sentenced violated his rights to due process and trial by jury in that it subjects him to increased punishment without notice or a jury finding of proof beyond a reasonable doubt of the facts qualifying him as a Class X offender.

BACKGROUND

On the afternoon of June 5, 1999, Frank Robinson and his wife, Villian Robinson, were at their place of business, Robinson Towing Company. According to Mrs. Robinson’s trial testimony, defendant entered the company’s office and he closed and locked the door behind him. While sitting at a desk, Mrs. Robinson told defendant that customers were not allowed in the office and asked him to wait in the lobby. Defendant told her that nobody was going out and nobody was coming in. Mrs. Robinson stated that she was going to call the police, but, when she reached for the phone, defendant knocked it out of her hand.

Mr. Robinson was present during these events. He asked defendánt what he wanted. Defendant responded that he wanted money. That is when Mrs. Robinson noticed that defendant’s hand was under his shirt. Mr. Robinson took a roll of money from his pocket and laid it on the desk. As Mr. Robinson pulled off some bills, defendant demanded more money. Mr. Robinson instructed his wife to call the police. As Mrs. Robinson proceeded to a phone on another desk, defendant pushed her into a chair and she fell against the wall. Defendant’s right hand was still under his shirt.

Mr. Robinson told defendant not to touch his wife and stepped toward his wife. Defendant pushed Mr. Robinson. Mrs. Robinson tried to reach for the telephone again. Defendant then pressed Mrs. Robinson’s head to the desk by holding her neck and told her that she was not going to call the police. Mrs. Robinson stated that defendant also said, “ T just got out of jail, lady. I’m not going back. I’ll kill somebody up in here.’ ” His hand was still under his shirt.

After defendant made these statements, Mrs. Robinson heard a noise and she thought defendant had shot her. Actually, Mr. Robinson pulled out his licensed gun from his waistband and shot defendant in the leg. Mrs. Robinson looked and saw defendant on the floor. Mrs. Robinson then called the police.

Mrs. Robinson recalled that defendant was wearing sweatpants and a T-shirt when he entered the office. She stated that when she noticed that his hand was under his shirt, “that’s when I got scared.” On cross-examination, Mrs. Robinson stated, “I told [Officers Anderson and Hernandez] that he came in and locked the door. Maybe I didn’t say locked. I said closed. I don’t remember exactly verbatim.” Defense counsel asked, “Do you remember indicating to [the officers] that Mr. Williams came into your office and was acting strangely? Do you remember not making any mention of this hand mysteriously under his shirt or anything like that?” Mrs. Robinson responded, “I remember I just said he was acting rather nervously and by strangely that’s what I meant.”

Mr. Robinson testified at trial that during the entire incident, defendant’s right hand was under his shirt. He believed that defendant had a weapon. After Mr. Robinson shot defendant, he checked to see if defendant had a weapon, but he did not. He testified that he told the officers at the scene that defendant came into the office and locked the door behind him.

At the close of the State’s case, defendant moved for a directed verdict. That motion was denied.

Defendant testified on his own behalf that on June 5, 1999, he was at the towing company with a friend. As his friend was getting gas for the car that they arrived in, defendant spoke to an employee of the towing company. Defendant testified that he asked the employee if he could use the restroom. The employee responded, “Fuck you. This ain’t no pit stop.” This response upset defendant. Defendant then proceeded into the company’s office and saw an employee watching television. He asked the employee if the boss was in and told him that he wanted to speak to him about a problem. The employee answered, “He’s in the back. His office door is open.” Defendant proceeded into the office and closed the door behind him. Defendant stated that he closed the door behind him “[f]or privacy, to talk to him about one of his workers being rude to [him].” He said that he did not lock the door and no one told him to leave.

Defendant testified that he started telling Mr. Robinson about the employee’s rudeness. As he spoke, he was “flying” his “arms up in the air, and everything, because [he] was upset. Both arms in the air.” He testified that as he told Mr. Robinson about the rude employee, Mr. Robinson had his gun drawn. Defendant then asked Mrs. Robinson to tell Mr. Robinson to put the gun away because he did not want any trouble. As Mrs. Robinson proceeded to the telephone, defendant told her that she did not have to call the police because he did not want any trouble and he just wanted to tell them about the rude employee. Defendant testified that Mr. Robinson then shot him in the left leg. Defendant stated that he never had his hand under his shirt and no one asked him to leave. Defendant testified that he never touched anyone and never demanded money.

Defendant was found guilty of attempted aggravated robbery. At a hearing on defendant’s written motions for a new trial and reconsideration, defense counsel asserted that the State “was in a position to know” that Frank Robinson “was wanted on a warrant for a theft chop shop operation” and arrested him “the very next day after this trial.” Assistant State’s Attorney Michael Connelly noted that the arrest warrant allegation was not in the motion for a new trial and the State was not aware, even on that day, that Frank Robinson was wanted on an arrest warrant. The assistant State’s Attorney argued for the denial of defendant’s motions. Defendant asserted that none of the testimony established that defendant implied or stated that he possessed a weapon, which was a necessary element of the offense. Defendant’s motion for a new trial was denied. Defendant was then sentenced to 10 years’ imprisonment.

ANALYSIS

I

Defendant’s first issue on appeal is that his conviction for attempted aggravated robbery must be reversed because the statute defining the offense of attempted aggravated robbery violates due process of law.

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People v. Williams, 769 N.E.2d 518, 329 Ill. App. 3d 846, 264 Ill. Dec. 16, 2002 Ill. App. LEXIS 290 (Ill. Ct. App. 2002).

769 N.E.2d 518 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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