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People v. Sanderlin

OPINION FILED APRIL 15, 1982.

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

v.

MARK SANDERLIN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of McLean County; the Hon. KEITH E. CAMPBELL, Judge, presiding.

JUSTICE LONDRIGAN DELIVERED THE OPINION OF THE COURT:

Defendant was charged with the offense of armed robbery. The charge arose from the armed robbery of the Burger Chef restaurant in Bloomington, Illinois, on March 14, 1981.

Prior to trial, defendant filed motions to quash his arrest and to suppress testimony regarding a pretrial identification. Defendant alleged that he had been arrested without probable cause and forced to appear in a lineup without counsel.

At the pretrial hearing, it was established that defendant was arrested by Macon County authorities on March 24, 1981, and charged with the armed robbery of a Decatur establishment. Defendant was held in the Macon County jail. Although a finding of probable cause was made at a preliminary hearing, the armed robbery charge was dismissed on April 7, 1981. Defendant continued to be detained in Macon County because a parole hold had been issued against him.

On April 8, 1981, Bloomington police officer Richard Hoeniges was advised by Macon County authorities that defendant was in custody as a suspect in a Decatur robbery. The modus operandi of the Decatur robbery was similar to that of the Bloomington Burger Chef robbery.

Hoeniges relayed this information to William Ingram, a McLean County parole officer. Ingram instituted a parole hold on the defendant in McLean County. On April 9, 1981, Bloomington police officer John Swearingen traveled to Macon County, obtained custody of defendant and transported him to the McLean County jail. Officer Swearingen did not have a warrant for defendant's arrest. On April 10, 1981, defendant was placed in a lineup. James Palmer identified the defendant as the perpetrator of the Burger Chef armed robbery.

The trial court denied defendant's motion to quash his arrest and to suppress evidence.

At trial, the evidence established that at approximately 11 p.m. on March 14, 1981, a masked man entered the Burger Chef restaurant in Bloomington, Illinois. He produced a long-barreled pistol and ordered the employees to empty the safe. After taking the money, the intruder fled. Two restaurant employees gave descriptions of the man. Ms. Stearns described the man as being between 5 feet 10 inches and 6 feet tall, weighing 165 pounds, and wearing a ski mask, blue jeans and an army surplus jacket. Ms. Donaldson described the man as being 6 foot 1 inch tall, slim, and wearing a ski mask, blue jeans and a long green coat.

James Palmer testified that he left the Burger Chef restaurant at approximately 11 p.m. As he was leaving the restaurant, he saw a man wearing an army jacket and blue jeans. As this man reached the door of the restaurant, he pulled a ski mask down over his face. Palmer further stated that he observed the man's face for 5 to 10 seconds before the man pulled the ski mask down. Palmer described the man as being 6 feet 1 inches tall, slim, with dark hair and a mustache.

Palmer also testified that he viewed a lineup on April 10, 1981. Palmer stated that he identified defendant as the man who had committed the Burger Chef robbery.

Defendant presented alibi testimony by his cousin and another woman which indicated that defendant was in Decatur on the evening of March 14, 1981.

The jury found defendant guilty of armed robbery. Defendant was sentenced to a term of 8 years' imprisonment.

Defendant argues that his detention by the Bloomington police constituted an illegal arrest and that the identification testimony must be suppressed as fruit of the illegal arrest. He argues that the McLean County parole hold was merely an attempt to subvert the constitutional requirement of probable cause.

Section 3-14-2(c) of the Unified Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. ...


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