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04/02/87 the People of the State of v. Andrew Kokoraleis

April 2, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ANDREW KOKORALEIS, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

507 N.E.2d 146, 154 Ill. App. 3d 519, 107 Ill. Dec. 482 1987.IL.424

Appeal from the Circuit Court of Cook County; the Hon. Donald E. Joyce, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JOHNSON and JIGANTI, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Following a jury trial, defendant Andrew Kokoraleis was found guilty of murder, rape, and aggravated kidnaping. The trial court sentenced Kokoraleis to natural-life imprisonment for the murder, an extended-term sentence of 60 years for the rape, and an extended-term sentence of 30 years for the aggravated kidnaping.

Kokoraleis now appeals, contending: (1) that the trial court erred in admitting evidence of other offenses committed by Kokoraleis; (2) the voir dire examination of the jury was inadequate; (3) Kokoraleis' jury was conviction-prone; (4) the State failed to establish that Kokoraleis was informed of his right to counsel prior to police questioning; (5) the trial court erred in admitting certain photographs; and (6) the trial court erred in imposing an extended-term sentence for the lesser class felonies of aggravated kidnaping and rape.

We affirm Kokoraleis' conviction and sentence for the murder and affirm his convictions for rape and aggravated kidnaping. However, we vacate the extended-term sentences imposed by the trial court and, pursuant to Supreme Court Rule 615 (87 Ill. 2d R. 615), modify Kokoraleis' sentences to 30 years for the rape and 15 years for the aggravated kidnaping.

BACKGROUND

On September 8, 1982, the body of Rose Beck Davis (the deceased) was found in a gangway located at 1254 North Lake Shore Drive. The deceased was naked, had a sock tied around her neck and her right wrist, had two cuts across her breasts, and two puncture wounds in her stomach. During an autopsy, a 4-inch piece of wood was extracted from the deceased's vagina.

On October 20, 1982, police spotted a red van that they had been looking for in relation to another incident. The police stopped the van and found that Edward Sprietzer was driving it. The police later learned that Robin Gecht was the owner of the van. The police placed the van in inventory. A search of the van revealed three knives and a milk crate. The knives had blood on them.

On November 7, 1982, Sprietzer led police to Kokoraleis' residence. When Kokoraleis came to the door, the police requested that he come with them to a local police station to answer questions concerning Sprietzer and Gecht. Kokoraleis agreed to go with the police and got a coat from inside his residence.

At the police station, the police read Kokoraleis his Miranda rights. Thereafter, Kokoraleis revealed that several months earlier, he, Sprietzer, and Gecht were driving one night in the Rush Street area. They saw a white woman walking by herself. They grabbed the woman and put her into Gecht's van. They took the woman to a gangway where they beat her, raped her, and finally killed her. Kokoraleis claimed that it was pursuant to Gecht's demand that he, Kokoraleis, stabbed the deceased in the abdomen with a knife. Kokoraleis stated that during the trip along Rush Street, he had been seated on a milk crate inside the van. Kokoraleis described the area, including the gangway, where the three men had committed the murder.

Kokoraleis also admitted that he, Sprietzer, and Gecht had killed two other women, Linda Sutton and Shui Mak. In addition, Kokoraleis claimed that he was involved ...


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