APPEAL from the Circuit Court of Cook County; the Hon. RICHARD
J. FITZGERALD, Judge, presiding.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Armed robbery against Joseph Blakely and Robert Norfleet. Ill. Rev. Stat. 1967, ch. 38, par. 18-2.
After a jury trial, both were found guilty, but only Joseph Blakely (hereafter "defendant") has appealed. Defendant's sentence of 8 to 12 years was made consecutive to two prior consecutive sentences of 20 to 40 years and 12 to 18 years.
CONTENTIONS RAISED ON APPEAL
1. Defendant was denied a fair trial because he was denied effective assistance of counsel.
2. The trial court punished defendant for exercising his right to three separate jury trials by imposing a consecutive rather than a concurrent sentence when his background did not warrant such sentencing.
We affirmed defendant's first sentence of 20 to 40 years in People v. Norfleet, 4 Ill. App.3d 758, 281 N.E.2d 761, and the principal facts recited in that opinion provide considerable background for this case.
Testimony in the present case disclosed that on October 7, 1968, at about 11:00 P.M., defendant, armed with a gun, approached a car which was being parked by Mary Harris, accompanied at the time by her 15-year-old son, Ulysses. Mrs. Harris testified that defendant pointed a pistol at her and told her to get out of her car which was a white Cadillac. She opened the door, got out of the car, ran down the street with her son, and then called the police. Ulysses Harris corroborated his mother's testimony.
About a half hour later, John Makar, a Chicago police officer, gave chase to a speeding white Cadillac which matched the description of the Harris car. After chasing it for a short distance, the Cadillac stopped and its four occupants fled down an alley. The officer pursued one of the suspects, who turned out to be defendant, and assisted in his arrest when he was cornered in the stairwell of a nearby building. At the time of his arrest, defendant carried a pistol which was later identified as the same gun taken from a security guard in a bus robbery earlier that evening.
First, defendant argues that he was denied a fair trial because he was represented by ineffective counsel. He submits that there was a lack of trust between himself and his attorney which is disclosed by the implication in the record that his counsel pressured him to plead guilty so as to receive a more lenient sentence, and by counsel's contradiction of defendant's claim that the jury was prejudiced against him. He charges that counsel showed a lack of interest in his fate, and thus a motion which he made for substitution of another court-appointed attorney was improperly denied. He further contends that his own counsel prejudiced him in the eyes of the jury by using the name Joseph Blakely when asking witnesses about whom they saw rather than asking about the man who committed the offense. He also charges that counsel failed to pursue a certain line of questioning which ...