Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Leach

OPINION FILED AUGUST 25, 1983.

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

v.

BENARD LEACH, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Ford County; the Hon. William M. Roberts, Judge, presiding.

JUSTICE MILLER DELIVERED THE OPINION OF THE COURT:

Defendant was convicted of the armed robbery of a gas station in Paxton. He was sentenced to a term of 20 years' imprisonment. He appeals, contending that his conviction must be reversed because the evidence was insufficient to show that he aided and abetted Ennix Blackman in the commission of the offense.

Michael Moynihan testified that he was employed at the Standard Oil gas station near the intersection of Route 9 and Interstate 57 on August 11, 1982. At about 12:45 a.m., a green and white Cadillac pulled into the station. The driver, Ennix Blackman, told Moynihan that his car was overheating and asked Moynihan to check the oil. The driver had a passenger along with him, whom Moynihan identified as the defendant. Both the driver and defendant got out of the car.

Moynihan determined that the Cadillac's radiator was low on water. The defendant pulled the car over to the side of the station where the water hose was located. Moynihan filled the car's radiator and closed the hood. Blackman asked Moynihan where the money was kept. Moynihan looked down and saw a revolver in Blackman's hand.

Moynihan gave Blackman a roll of currency approximately $130, which Moynihan had in his pocket. Blackman then forced Moynihan to go back into the back room of the station. He made Moynihan stand in the corner of the room and face the wall. Moynihan heard defendant talking to another man; Moynihan said the other man seemed to be in a hurry. Moynihan heard the front door open and close several times. After five minutes had passed, Blackman ordered Moynihan to lie down on the floor and put his hands behind his back. Blackman tied Moynihan up; the other man kept insisting that he and Blackman should leave. The other man also told Blackman that Moynihan was not tied up well enough.

The two men then left the station and drove away. Moynihan managed to free himself and called the sheriff's office. Moynihan stated that he, Blackman and the defendant were the only persons on the premises when the robbery occurred. Moynihan stated that, in addition to the roll of currency, a television set, a coin changer and some rolled coins and Moynihan's blue jean jacket were also missing after the robbery.

Gary Wisenbarn, an Iroquois County deputy sheriff, testified that he received a radio dispatch from the State police at approximately 12:55 a.m. on August 11, 1982. He proceeded to Interstate 57 near Buckley, where he saw a vehicle fitting the description contained in the dispatch. He followed the vehicle for about five miles until the vehicle pulled to the shoulder of the road. Wisenbarn pulled in behind the vehicle and waited for assistance to arrive. Trooper Ward of the Illinois State Police arrived on the scene a few minutes later.

Wisenbarn and Ward placed Blackman and the defendant under arrest. Wisenbarn saw a large amount of change on the floor on the passenger side of the vehicle and a black-and-white portable television set in the back seat. Officer Ward patted the defendant down and found a number of rolls of change in his pants pocket and some currency in defendant's shirt pocket.

Ennix Blackman testified in defendant's behalf. Blackman admitted robbing the Standard Oil gas station in Paxton on August 11, 1982. He maintained, however, that defendant was asleep during the robbery and did not participate in it in any way. Blackman indicated that defendant awoke after Blackman had gotten back on the highway. At that point, Blackman gave part of the stolen money to the defendant.

Following closing arguments, the case was submitted to a jury. The jury found defendant guilty of armed robbery. A sentencing hearing was held on January 3, 1983, and defendant was sentenced to a term of 20 years' imprisonment.

Section 5-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 5-2) provides, in pertinent part:

"A person is legally accountable for the conduct of another when:

(c) Either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense."

• 1 Defendant contends that there is no evidence to support the conclusion that he aided or abetted Ennix Blackman in the armed robbery of the gas station. He maintains that the mere presence of an accused at the scene of the crime does not render the accused accountable ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.