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People v. Moore

OPINION FILED MAY 31, 1983.

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

v.

RANDY MOORE ET AL., DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County; the Hon. Robert S. Sklodowski, Judge, presiding.

JUSTICE MCGLOON DELIVERED THE OPINION OF THE COURT:

After a bench trial, defendants Randy Moore and Carlos Daniels were convicted of three counts of armed robbery and armed violence. Moore was sentenced to 11 years and Daniels was sentenced to eight years in the Illinois Department of Corrections.

On appeal, Moore contends: (1) the trial court erred in denying his motion for severance; (2) the State's failure to produce a photograph requested by defense counsel constituted reversible error; and (3) the trial court erred in denying his motion to suppress in-court identifications made by complaining witnesses. Daniels contends (1) the trial court's failure to order a current presentence report entitled him to a new sentencing hearing and (2) his sentence is excessive.

We affirm.

The complaining witnesses Michael Wright, Alfreda Camel and Diane Blizzard testified to the following facts. On the evening of November 13, 1980, they went to the L & L Lounge. While walking home at about 4 a.m., defendants crossed the street and spoke to them. Moore was carrying a gun. Daniels told Moore to leave complainants alone and defendants left.

Shortly thereafter defendants again approached complainants. Moore aimed a gun at the victims and took Wright's wallet. Daniels held a knife to Diane's stomach and fondled her breasts. The assailants took the women's purses. Moore allowed Wright and Blizzard to leave, but grabbed Camel by her coat collar and began dragging her away.

Camel further testified that she was dragged to a nearby alley. Moore put the gun into her mouth, slapped her and threatened to shoot if she screamed. Moore and Daniels then took Camel to a school yard and defendants looked through the purses and the wallet. When they heard police sirens, Daniels jumped on the school roof and Moore ran. The police found Daniels on the roof.

Wright and Blizzard further testified that they phoned police from a nearby home. They rode through the area with police and found Camel running from the school yard. Later that morning, the police came to their home. They gave the officers Moore's address and a picture of Moore which was given to them by a friend. The police returned with Moore in custody and Wright and Blizzard identified him. They also identified him in a lineup conducted later that day.

Officer Frank Auginaga testified that he arrested Daniels on the roof of a school at 4:30 a.m. on November 14, 1980. One of the victims immediately identified defendant. Detective Cassidy testified that he spoke to Daniels at the police station. Daniels admitted committing the robbery at the urging of another person. Detective Bulava testified that Diane Blizzard identified Randy Moore in a lineup.

Officer John Kohles testified that he spoke to Wright and Camel on the afternoon of November 14, 1980. Wright gave him a photograph of Moore. Kohles went to 4356 West Congress Parkway, arrested Moore and returned to Wright and Camel's residence. He asked the victims to go to the police station. They walked past a squad car in which Moore was seated. Wright and Camel identified Moore.

Defendant Carlos Daniels testified that he and Moore participated in the offenses, but he was not aware that a robbery was occurring until Moore handed him something which he put in his pocket. Daniels admitted that he took Blizzard's purse. He further testified he had nothing other than a pen knife and Moore carried a toy B-B gun. When he heard the police sirens, he took a knife that was in one of the girl's purses and climbed onto the school roof.

Doris Moore, defendant Randy Moore's sister, testified that Randy resided with her and was home when she went to bed at 10 p.m. on November 13, 1980. He was also home when she arose at 5 a.m. the next day. Randy could not have left while she was sleeping because all the doors were locked and he did not have keys with which to open them.

• 1 On appeal, defendant Moore first contends the trial court erred in denying his motion for severance where he and Daniels had antagonistic defenses.

In support of a petition for severance, defendant is required to make a detailed recitation of his and his co-defendant's defenses, the substance of the trial testimony, and the manner in which the defenses conflict. (People v. Lee (1981), 87 Ill.2d 182, 429 N.E.2d 461.) The burden is on defendant to demonstrate prior to trial that a joint trial would be prejudicial and unfair. (People v. Stevenson (1980), 90 Ill. App.3d 903, 413 N.E.2d 1339.) A review of Moore's motion reveals no specific recitations, but rather only conclusory allegations that his alibi defense would be inconsistent with Daniels' trial testimony. Thus, there was no basis upon which the trial court could grant defendant's motion. ...


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