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People v. Smith

OPINION FILED MARCH 24, 1983.

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

v.

STEVEN E. SMITH, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Logan County; the Hon. John T. McCullough, Judge, presiding.

JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Rehearing denied April 12, 1983.

Armed robbery at McDonald's.

Jury trial — guilty — nine years.

On appeal, we are faced with questions involving Miranda warnings, the prosecutor's examination of two witnesses, and whether those witnesses were court's or hostile.

In summa, we affirm.

Early in the morning on November 19, 1981, an armed robber took approximately $2,600 from the McDonald's restaurant in Lincoln, Illinois. Terry Logan, Greg Williams, and Karen Vale, all of whom were McDonald's employees, were eyewitnesses to the crime. The robber was masked and did not speak. None of the three were initially able to identify him. Subsequently, however, Logan identified the defendant, Steve Smith — whom Logan had known prior to the robbery — as the perpetrator. Williams also told police that the robber reminded him of his cousin, Steve Smith.

Based upon these statements, the police obtained a search warrant for Smith's residence. After completing the search, Smith was arrested and interviewed by Officers Vonderahe and Coombs of the Lincoln Police Department. The interview began as follows:

"Q Okay. Steve, I want to talk with you in reference to the armed robbery that took place at McDonalds restaurant on the morning of the 19th. Are you familiar with this?

A Yeah. My cousin Greg was.

Q Okay. But before I do that I must advise you of your rights. Okay? You have a right to remain silent. You do not have to talk to me unless you want to do so. Do you understand that?

A Uh. Chico told me to get my lawyer. Chico said you guys would railroad me.

Q Do you understand that as I gave it to you, Steve?

A Yeah.

Q If you do want to talk to me, I must advise you that whatever you say can and will be used as evidence against you in court. Do you understand that?

A Yeah.

Q You have a right to consult with a lawyer and to have a lawyer present with you when you're being ...


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