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People v. Mendez

OPINION FILED OCTOBER 14, 1977.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

RAFAEL MENDEZ, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. RUSSELL R. DeBOW, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

Following a jury trial, defendant was convicted of the murder of Richard Wilson and the attempt murder of Virgilleo Foyain. (Ill. Rev. Stat. 1975, ch. 38, par. 9-1, 8-4.) He was sentenced to concurrent terms of 14 to 20 years for murder and 4 to 12 years for attempt murder with an additional parole term of 5 years for each offense. On appeal he contends that the trial court erred when it: (1) allowed the prosecution to elicit testimony from a witness that the defendant had remained silent after his arrest, and (2) entered convictions and sentences for two offenses which arose from the same course of conduct.

We will summarize that portion of the trial proceedings which is pertinent to defendant's appeal. Arresting Officer John Lyons, during direct examination by the State, testified to a statement which defendant allegedly made prior to his arrest, and which the officer included in his police report. On cross-examination, defense counsel questioned Officer Lyons as to his failure to have that same statement put into writing, typed up for signature, or tape recorded. Thereafter, on the State's redirect examination, the following testimony was elicited over the objections of defense counsel:

"Q. [For the State]. After he told you he shot the wrong man, did he say anything else to you?

A. [Officer Lyons]. Nothing.

Q. Officer, after you placed him under arrest, did you have occasion to advise him of his constitutional rights?

A. Yes, I did.

Q. What if anything did you advise him, the defendant Rafael Mendez, Officer?

A. I advised him of his constitutional rights per the Miranda decision which we have on a pre-printed form in my Confederation of Police book.

Q. What if anything did the defendant say then, Officer?

A. Nothing.

Q. What if anything did the defendant say after you spoke to him again, Officer?

A. I asked him if he understood. He said yes.

Q. Did he proceed to say anything to you ...


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