APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
507 N.E.2d 38, 154 Ill. App. 3d 241, 107 Ill. Dec. 374 1987.IL.318
Appeal from the Circuit Court of Cook County; the Hon. Francis Mahon, Judge, presiding.
JUSTICE HARTMAN delivered the opinion of the court. SCARIANO, P.J., and BILANDIC, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HARTMAN
Defendant appeals his murder conviction and extended term sentence of 60 years' imprisonment. He raises as issues on review whether: (1) the circuit court erred in admitting in evidence a weapon not used in the murder; (2) he was proved guilty beyond a reasonable doubt; (3) the extended term sentence of 60 years was excessive; and (4) extended terms are unconstitutional. For reasons set forth below, we affirm.
On September 5, 1983, defendant attended a picnic at his girlfriend's house. The latter's sister was there with her boyfriend, the victim, Steven Carter. According to witnesses, the victim was "being funny" and "making smart remarks" to defendant, telling the latter that he had "skinny legs" and that he talked "like he has crap in his mouth." The victim then began sparring with defendant and may have hit him in the mouth. Defendant claimed that the victim had chipped his tooth and asked what he was going to do about it. The victim denied hitting defendant. Defendant then went to his car, opened the trunk and reached inside. The victim's girlfriend followed defendant to his car and told him not to do anything stupid. Defendant returned to the picnic and once again asked the victim what he was going to do about the chipped tooth. The victim responded: "ot a damn thing," and "Man, I didn't hit you in the mouth." Defendant returned to his car and drove off.
The victim and his girlfriend remained at the picnic for a while longer, went to a second picnic, and finally went home at about 11:30 p.m. The victim then left for work, taking his pistol with him, which was unusual. He worked as a parking attendant at a lake shore condominium and arrived there at midnight. He and his girlfriend talked extensively by phone between midnight and 1 a.m.
An unarmed security guard, on the midnight to 8 a.m. shift at the condominium, saw the victim alive in the garage shortly after midnight. At about 1 a.m., the guard went to an apparently vacant ground-level apartment which the staff used for its washroom facilities. Looking out the back-room window, he saw a black male, whom he subsequently identified as defendant, on his hands and knees and about 5 feet away, dressed in a dark short jacket, dark pants, cap and scarf and who was holding a dark revolver he believed was a .38-caliber revolver. Defendant was near the garage entrance and was apparently watching the garage. The area was well lighted by flood lights and by lights inside the garage. The witness had an unobstructed view of defendant, who then began crawling towards the garage entrance. After moving 15 to 20 feet, defendant got up and ran into the garage shooting. The guard saw the bullets fire but did not see the object of the shooting. There were at least five consecutive shots fired.
The guard, who had watched all this while kneeling behind the window, radioed his headquarters and reported the shooting. This call was logged at 1:15 a.m. There was no phone in the apartment with which to call the police; instead, he remained where he was and watched the garage. It is unclear from the record as to precisely when the police were called.
Five to ten minutes later, the guard saw defendant come out of the garage and walk southward toward the parking lot. He saw his full face and profile. He saw no blood on him. The guard went outside after defendant passed by, but saw no one. He returned to the room. After hearing a car outside and believing it to be either the police or other security personnel, the guard again went outside. He then saw defendant standing by the trunk of a burgundy, 1981 or 1982 Pontiac, which he thought was a two-door model. Defendant, who was about 30 feet away, said, "How you doing?" The guard responded "All right." The license number prefix was noted as "IT," but the guard was unable later to recall the subsequent numbers. Defendant got into the car on the passenger side. A black male was driving as the car drove off.
As the car was leaving, the guard's supervising sergeant drove up, attempted to follow the car, but lost it almost immediately. The sergeant identified the car as a late model, maroon, four-door Pontiac or Chevrolet. The sergeant and guard then went into the garage where they found the victim face down in a pool of blood. The police arrived a few minutes later.
The guard described the offender as a dark-complected black man, of slender build, 5 feet 7 inches tall, weighing 130 pounds, wearing a mustache and beard. This description apparently fit defendant. About 10 hours later, the guard identified defendant in a lineup and the car at the police auto pound. He also identified defendant in court and there identified a photograph of defendant's car.
Investigating police officers found the victim dead, face down in a pool of blood, inside the garage, about 150 feet from the entrance. They also found blood in two places in the garage where the victim apparently had been shot and wounded while attempting to escape his assailant. Both areas of blood were closer to the garage entrance. Blood was also found on and around parked cars which were bullet damaged. There were indications that the victim might have tried to hide beneath one of the parked cars. The police recovered blood samples, all of which appeared to be the victim's, and two expended ...