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People v. Jenkins

OPINION FILED SEPTEMBER 19, 1980.

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

v.

BERLIN JENKINS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. DWIGHT McKAY, Judge, presiding.

MR. JUSTICE WILSON DELIVERED THE OPINION OF THE COURT:

Following a jury trial, defendant was convicted of attempted murder (Ill. Rev. Stat. 1977, ch. 38, pars. 9-1, 8-4), aggravated battery, (Ill. Rev. Stat. 1977, ch. 38, par. 12-4(a)), armed violence (Ill. Rev. Stat. 1977, ch. 38, par. 33A-2), and armed robbery (Ill. Rev. Stat. 1977, ch. 38, par. 18-2). He was sentenced to concurrent 50-year terms for the offenses of armed robbery and attempted murder. On appeal he contends: (1) that he was not proved guilty beyond a reasonable doubt; and (2) that by deliberately withholding information during jury selection that the victim's testimony would be taken in a hospital, the prosecution violated defendant's right to a fair and impartial jury. We affirm. The pertinent evidence follows:

The complainant, John Richardson, Jr., testified that on May 26, 1978, he was in the company of defendant at 4 a.m., in defendant's house. He slept for a few hours, awakening at approximately 9 a.m. Defendant's mother, Doris Jenkins, wanted Richardson to accompany her son while he paid certain bills. She gave defendant a telephone bill and money to pay it. She gave Richardson approximately $200, along with a gas and light bill.

Richardson testified that he and defendant left the Jenkins' home at approximately 9:30 a.m. Defendant said that he planned to make a stop in Harvey because he had some marijuana plants to check on. Defendant stopped the car in a wooded area somewhere in Harvey at approximately 10 a.m., and the two men left the car. Defendant showed Richardson a .25-caliber automatic weapon. After inspecting it, Richardson returned the gun to defendant. Richardson began to walk down a path and was then shot in the back. He turned around and looked at defendant, who continued firing at him. Defendant said to Richardson, "Stop messing with my woman." Richardson fell to the ground, still looking at the defendant. Defendant then removed Richardson's wallet and dragged him into a creek or river. Defendant left, but returned when Richardson began yelling for help. Defendant told him to stop yelling or he would blow his head off. After defendant left, two men discovered Richardson and went for help. He then lost consciousness.

Richardson further testified that on the day of the shooting he did not tell anyone who shot him, but on the following day he told an assistant State's Attorney that the defendant was his assailant.

On cross-examination, Richardson testified that he had drifted in and out of consciousness after being shot. He further stated that it had taken no more than 20 to 30 minutes to reach the wooded area from defendant's house. Finally, Richardson denied that he told a nurse at the hospital that "they" shot and robbed him.

According to defendant's testimony, Richardson arrived at his house on May 26, 1978, at 3:30 a.m. The two men had known each other for two years. Defendant smelled alcohol on Richardson's breath. Richardson told defendant that he "need[ed] a pistol bad" and that Alvin Bosby kicked him out of the Bosbys' home. He also said things were not going right for him and suggested, "Let's get high."

Defendant further testified that his mother gave him $130 to pay the telephone bill and gave Richardson about $122 to pay the gas and light bill. The two men left between 9 a.m. and 9:30 a.m. They drove to Roseland Plaza area, around 115th Street and Michigan Avenue, where they parked. Friends of Richardson approached him and he walked off with them toward the currency exchange building, while defendant went to pay the phone bill.

Defendant testified that he filled out an application to pay the lost bill, gave the clerk $130 and received a stamped receipt from the clerk. After looking at the telephones for awhile, defendant left the building to rejoin Richardson at the car. Richardson was not there so defendant looked in several stores but failed to find him. He then drove home.

Defendant arrived home at approximately 10:30 a.m. Ralph Lawson, Irma Reed, and defendant's mother were there. Lawson accompanied defendant to the shopping center area in an attempt to find Richardson. They also went to the Bosby home, but failed to find Richardson. Defendant returned home and, learning that police had come to his home, told his mother to call the police.

On cross-examination, defendant testified that he first learned of Richardson's shooting on May 27, 1978, when he was arrested. Defendant later stated that he knew the victim was shot on May 26, 1978, when Richardson's father informed defendant's mother. Defendant further testified that the drive from his house to the Illinois Bell Telephone office took 12 minutes. He estimated that he arrived at the shopping center at approximately 9:40 to 9:45 a.m. on the day of the incident and paid the phone bill at about 10 a.m. Defendant also testified that both he and Richardson had dated Joanne Bosby.

A nurse at the hospital where Richardson was taken after the shooting testified that when she asked him who shot him he at first did not respond but when she repeated the question fifteen minutes later, he replied that "they" shot and robbed him. During this time Richardson was receiving emergency treatment.

Employees of Illinois Bell Telephone testified as to the payment card that a teller filled out on May 26, 1978. The identity of the customer was not indicated on the card, but the amount indicated thereupon was $130. The teller who handled the card estimated, through transaction numbers, that she handled the payment in question "a little before ten or a little after ten," although she stated under cross-examination that the bill could have been paid as late as 10:20 a.m.

Alvin Bosby testified that on May 25, 1978, Richardson spent part of the night at his home. Richardson began cursing at Alvin's sister, Joanne, until Alvin ordered Richardson to leave. Bosby also stated that neither ...


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