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02/03/87 the People of the State of v. Robert Bolden

February 3, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ROBERT BOLDEN, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

504 N.E.2d 835, 152 Ill. App. 3d 631, 105 Ill. Dec. 550 1987.IL.109

Appeal from the Circuit Court of Cook County; the Hon. Jack G. Stein, Judge, presiding.

APPELLATE Judges:

JUSTICE STAMOS delivered the opinion of the court. SCARIANO, P.J., and BILANDIC, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STAMOS, Defendant appeals from his conviction and sentence for armed robbery.

Robert Bolden and codefendant, Anthony Konn, were charged by information with armed robbery, aggravated battery, and armed violence. Konn's case was severed from Bolden's, and Bolden was tried before a jury and found guilty of all the offenses with which he was charged. The trial Judge sentenced defendant Bolden to six years in prison for armed robbery.

The charges against defendant arose from the armed robbery of Thaddus Roby on October 25, 1984. On the evening of October 24, 1984, Mr. Roby attended a wake and then went to a restaurant where he had two drinks. He returned home to his apartment building at about 2:30 a.m. on October 25. As Roby approached the elevator in his building, he encountered defendant and a companion. Roby testified that he was familiar with both men having seen them around the building for several months. On a previous occasion Roby had offered to help defendant find a job, and when Roby saw defendant at the elevator on the morning of October 25, the two men discussed employment possibilities. Defendant, Roby, and defendant's companion got on the elevator and rode to the 17th floor, where Roby lived.

According to Roby, all three men emerged from the elevator on the 17th floor and walked toward Roby's apartment. In a stairwell on the 17th floor, defendant's companion put a knife to Roby's throat and demanded Roby's money. When Roby protested, defendant struck him in the mouth. Roby tried to grab the knife from defendant's companion, and a struggle ensued. As a result of this fight, Roby suffered a knife wound and other injuries. Finally, defendant's companion regained control of Roby. As the companion held Roby at bay with a knife, defendant took Roby's wallet, keys, and money. Defendant and his companion then escaped down the stairwell.

Chicago police officer Edward Koop arrived at the scene of the robbery at about 2:30 a.m. Officer Koop interviewed the victim, but did not take notes during the interview. After Mr. Roby had been taken to the hospital, Officer Koop prepared a written report on the robbery.

At Weiss Memorial Hospital, Roby was treated by Dr. Allen Joseph. Dr. Joseph testified at defendant's trial that Roby had suffered wounds on the hands and face. The doctor detected an odor of alcohol on Roby's breath, but Roby was able to express himself coherently enough for the doctor to understand him. The doctor acknowledged that the odor of alcohol could have been produced by one or two drinks. Roby told the doctor that he had been the victim of a robbery in his apartment building.

Later in the day, on October 25, Chicago police officer John Hickey went to the scene of the robbery to investigate. After talking to Mr. Roby and a security guard for the apartment building, Officer Hickey and some other police officers arrested defendant's companion, Anthony Konn, in apartment 1714. Next, the officers spoke to Sheldra Anderson, defendant's girlfriend and a resident of the building. Anderson explained that defendant customarily stayed in her apartment except for times when the couple argued. Defendant and Anderson had quarreled two days prior to the robbery, at which time Anderson asked defendant to leave. The police officers accompanied Anderson to her apartment, where they found Roby's wallet on top of a dresser.

Chicago police officer Wayne Johnson arrested defendant at about 7:25 p.m. on October 25, 1984. Officer Johnson found defendant in the vicinity of the apartment building where the robbery occurred. At first, defendant claimed that his name was Jesse Williams but later admitted that he was Robert Bolden. Defendant informed police officers that his residence was Apartment 1907, 4848 North Winthrop, Chicago. This is the apartment occupied by defendant's girlfriend, Sheldra Anderson.

Prior to his trial, defendant moved to suppress evidence of the wallet found in Anderson's apartment. The State contended that since the wallet was found in Anderson's home, defendant's privacy had not been invaded and he lacked standing to challenge the legality of the search. Defendant claimed that he resided with Anderson and that he had standing to challenge the search of her apartment. The court declared that defendant lacked standing to contest the search and denied defendant's motion to suppress.

After defendant was found guilty on all charges, the court sentenced him to prison, and he now ...


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