People v. Wright

617 N.E.2d 11, 246 Ill. App. 3d 761, 186 Ill. Dec. 772, 1992 Ill. App. LEXIS 2019
Appellate Court of Illinois·Decided December 14, 1992·No. No. 1-90-3108·Published·Cited by 3 cases

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial, defendant, Cornell Wright, was found guilty of attempted first degree murder, armed violence and aggravated battery and sentenced to a prison term of 15 years for attempted murder. On appeal, defendant contends that: (1) the prosecutor made improper remarks during closing argument which denied his right to a fair trial; and (2) the trial court considered improper factors in sentencing him to a term of 15 years’ imprisonment. For the following reasons, we affirm the judgment of the trial court.

The following facts were adduced at trial. Terry Allen testified that on July 24, 1989, he lived on the first floor of a two-flat building at 1700 N. Mayfield, Chicago, with his wife and three children. Terry’s parents and two sisters, Bridgette and Pamela, lived in the upstairs apartment, and his brother, Willie, lived in the basement.

Terry worked at a glass factory that day until 5:30 p.m., arriving home at approximately 6:15 p.m. At that time, his three sons were playing outside in the grass on the side of his house, and his wife was sitting on the back porch. Terry’s friend Dwight Sparks was also present, as well as his sister Pamela and her one-year-old daughter Danielle. Terry went inside to eat dinner, and during that time, Sparks left. Terry did not change out of his work clothes, a blue coverall outfit.

Terry finished dinner at about 6:30 and went back outside. At that time, Terry heard Denardo Barnes and approximately 10 to 12 other people playing basketball in the alley behind Terry’s house. Terry did not join them, but instead, played frisbee with his sons.

Soon Terry heard an argument in the alley. He recognized Barnes’ voice, and then heard defendant say that he “didn’t want them feeling on his girl friend’s ass.” Terry did not know defendant at that time. Terry then heard Barnes call defendant a “punk motherfucker,” and heard more arguing back and forth. He heard defendant walk out of the alley saying he would be back. Terry first saw defendant when defendant came out of the alley and walked west on Wabansia. At that time, defendant was with a girl, and she was pushing a baby carriage.

Terry remained outside, playing with his sons. Terry then saw his friends Wayne Chapman and Maverick Rush walking toward him, west on Wabansia. Rush walked up to the side entrance of the house and stopped to talk to Terry’s wife, Doris Denise. Chapman was walking toward Terry when Jimmy Hall and defendant drove up Terry’s driveway in Hall’s car, looked around, and then backed down the street. Hall parked the car on the corner of Mayfield and Wabansia, right at the side of Terry’s home. Hall is Terry’s brother-in-law.

Hall, defendant and Warren Barfield got out of the car and walked over to Terry. Terry turned to talk to Hall and asked him what he was doing there. At that point, defendant approached Terry, standing on his right. Terry told Hall not to start a fight and then defendant became angry and said to Terry, “What? Punk motherfucker, I’ll pop you.” Terry then turned to defendant and said, “Well, I wasn’t even talking to you,” and then turned back to Hall. Defendant then reached into his pocket, pulled out a gun, and fired a shot at Terry. The shot did not hit Terry, but went under his arm, brushing his shirt and landing in the bushes. Terry turned around to run, then heard another gunshot and felt something in his back. Terry fell to the ground, and after he,fell, he heard three more shots. As Terry was lying on the ground, he saw defendant, Hall and Chapman run to their car, get in and back down the street.

An ambulance arrived and Terry was taken to the hospital. He was operated on to remove his spleen, part of his pancreas, and one of his kidneys. Terry remained in the hospital for 30 days following his operation and was not able to go back to work for three months. Following his release, Terry had to return to the hospital regularly for therapy.

Next, Maverick Rush testified on behalf of the State, corroborating Terry’s testimony. Rush stated that he and his co-worker, Chapman, arrived at Terry’s house close to 7 p.m. He heard three shots fired and then saw Terry rolling around on the ground. Rush did not see who fired the three shots, because his view was blocked from where he was standing, but afterward, he saw defendant running toward the car with a gun in his hand. As defendant ran toward the car, he continued shooting. After the car drove away, he saw that Terry was lying on the grass holding his side. Rush went over to Terry and noticed that he was wounded. Rush never saw Terry or anyone else with a gun that day.

Pamela Allen, Terry’s sister, then testified that at 7 p.m. on July 24 she and her daughter were sitting on the back porch of her second-floor apartment at 1700 N. Mayfield. They left the porch via the back stairs to go for a walk. She saw Doris Denise Allen talking to Rush and saw Terry playing frisbee with his children. Pamela talked to Doris Denise for a few minutes and then crossed the street with her daughter.

Pamela stated that defendant, Hall and Barfield pulled up to the side of 1700 N. Mayfield, got out of the car and walked towards Terry. Terry was talking to Hall and defendant cut in and said, “I will shoot your punk ass right now.” Then defendant pulled out a gun and shot at Terry. When defendant fired the shot, Terry backed up and threw his hands into the air. Terry turned to run, and defendant shot him again, this time striking him. Pamela saw defendant continue to shoot as he ran to his car.

Pamela stated that during the incident, Terry never had anything in his hands and never reached into his pockets. During the incident, there were a lot of people in the alley playing basketball. Pamela did not see any of those people with guns in their hands, nor did she see any of them come out of the alley.

Jimmy Hall testified on behalf of the State. On July 24, 1989, Hall saw defendant at his cousin Warren Barfield’s house. At that time, defendant stated that he and Denardo Barnes had been in an argument in the alley over defendant’s girl friend, Sonja Short. Defendant told Hall that a group of guys was playing basketball in the alley and that one of them “felt on Sonja.” Defendant asked Hall and Barfield to go over there with him to “get things straight.”

Hall then drove defendant and Barfield over to 1700 N. Mayfield. They all got out of the car and Hall talked to Terry. Terry told Hall that they should not be out there starting trouble. At that time, they were standing by Hall’s car, which was parked at the side of Terry’s house. Terry then walked back toward his garage. At that time, Terry did not have anything in his hands.

Hall then saw Terry and defendant talking and although he could not hear what they were saying, an argument broke out. Hall saw defendant pull a gun out. Hall then heard shots fired and saw Terry turn sideways and start to run with his hands up above his shoulders. He did not know who fired the shots because he started to run to his car when he heard the shots fired.

Defendant got into Hall’s car and they drove two blocks to Hall’s sister’s house. Once there, defendant changed into a pair of Hall’s pants and Hall drove defendant to the “el” station.

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People v. Wright, 617 N.E.2d 11, 246 Ill. App. 3d 761, 186 Ill. Dec. 772, 1992 Ill. App. LEXIS 2019 (Ill. Ct. App. 1992).

617 N.E.2d 11 (People v. Wright) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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