APPEAL from the Circuit Court of Cook County; the Hon. FRANK
B. MACHALA, Judge, presiding.
MR. JUSTICE MCGLOON DELIVERED THE OPINION OF THE COURT:
After a jury trial, Carl D. Adams, a/k/a Tasha Kingston, was found guilty of murder, armed robbery, and armed violence and sentenced to the Illinois Department of Corrections for concurrent terms of 60 years for murder, 50 years for armed robbery, and 50 years for armed violence. Defendant appeals.
On appeal, defendant contends that (1) the trial court erred in refusing tendered instructions; (2) defendant's motion to quash his arrest, suppress evidence, and suppress his statement was improperly denied; (3) he was not proved guilty of the offenses beyond a reasonable doubt; (4) the State's closing argument was prejudicial; and (5) the court improperly imposed an extended sentence.
We affirm in part, vacate in part.
On the evening of June 29, 1978, the victim Jack Levine had dined with his wife and a friend, Thomas Murphy. Levine paid the dinner bill with cash from a money clip containing several $50 bills. They left the restaurant at 11 p.m. and drove Mrs. Levine home. The victim then drove Murphy home. Levine left immediately after arriving at Murphy's home at 11:30 p.m.
At approximately 11:52 p.m., police discovered the body of Jack Levine in his car in an alley. The victim had been shot in the chest. His trousers were around his ankles. A large pool of blood covered the passenger side of the front seat. Among the items found in the car was a business card. On the ground beneath the passenger door was a Cook County Jail identification card belonging to Anthony Jackson. A jar of vaseline was underneath the car.
Investigator Zuley testified during the hearing on defendant's motion to quash his arrest that he spoke to Anthony Jackson on July 2, 1978. Jackson stated that defendant, also known as Tasha Kingston, had posted bond for him and kept his jail identification card as collateral. He had also given defendant a business card identical to the one found in the victim's car. Jackson further stated that defendant practiced prostitution near the scene of the homicide and when doing so, carried a gun. Consequently, on approximately July 4, 1978, Zuley issued a "stop order" and placed a wanted for questioning notice, a picture of Adams, and Adams' last known address in the daily police bulletin.
The parties stipulated that if Officer Stanley Zaborek were called, he would testify that on July 12, 1978, at approximately 1 a.m. he and his partner arrested defendant in his apartment. They first proceeded to the address listed in the police bulletin and after speaking to a number of individuals, proceeded to the place of arrest.
At the hearing on defendant's motion to suppress his statement Zaborek testified to substantially similar facts as were stipulated at the previous hearing. He further testified that defendant was advised of his rights at the time of his arrest and taken to the police station. Adams gave a statement at approximately 2 a.m. Zaborek further testified that defendant was transported to Area 6 homicide and between 6 and 7 p.m., gave a second statement. Defendant's statement was not obtained through mental coercion.
Investigator Zuley testified that he spoke with defendant at 10 a.m. on July 12, 1978. He advised defendant of his rights and defendant stated he understood his rights. When Zuley and Zaborek spoke with defendant at 6 p.m., defendant was advised of his rights again. At 10 p.m., assistant State's Attorney Rebecca Davidson and Investigator Zuley spoke with defendant and again defendant received his Miranda warnings. At 1 a.m. on July 13, Davidson questioned defendant. The conversation was transcribed by a court reporter and defendant signed the transcript. Zuley further testified that no psychological or mental coercion was employed.
At trial, Dr. Edward Donoghue, who performed the autopsy on the victim, testified that the bullet entered the left side of the victim's chest, travelled straight through the lungs and lodged in the victim's chest. No semen was found on the penis. It was stipulated that oral and rectal swabs showed an absence of sperm and semen.
Officer Zaborek testified that he spoke to Michael Ransom at 11 p.m. on July 11, 1978. When he and his partner arrived at defendant's apartment, they were admitted by Ransom, an occupant.
Investigator Flood testified that he and his partner went to defendant's apartment at 10 a.m. on July 12, 1978, with a consent to search form signed by Theodore Johnson, a tenant. When Anthony Taylor, another tenant, answered the door, Flood showed him the form signed by Johnson and told him they wanted to recover a weapon which Johnson stated was in the apartment. Taylor consented to the search and signed a consent form. Taylor phoned Michael Ransom, also a tenant, who also consented to the search.
Assistant State's Attorney Davidson testified that she spoke to defendant at 10 p.m. on July 12, 1978. Defendant wanted to tell her what had happened and gave a statement. Thereafter she offered defendant food and drink. At 11:30 p.m. defendant made a second statement. At 1 a.m. on July 13, 1978, a court reporter ...