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04/09/87 the People of the State of v. Jerry Johnson Et Al.

April 9, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JERRY JOHNSON ET AL., DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

507 N.E.2d 179, 154 Ill. App. 3d 301, 107 Ill. Dec. 515 1987.IL.465

Appeal from the Circuit Court of Cook County; the Hon. Richard L. Samuels, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE McMORROW delivered the opinion of the court. JIGANTI, J., and LINN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCMORROW

Following a jury trial, defendants Keith Williams and Jerry Johnson were convicted of attempted murder, aggravated battery, and home invasion. The court sentenced defendants to 20 years' imprisonment on each count, the sentences to run concurrently. On appeal, defendants raise the following issues: 1) whether the method of drawing the jury venire for the defendants' petit jury denied the defendants due process and equal protection; 2) whether the court improperly excluded the impeachment of a witness with his guilty pleas to certain offenses; 3) whether the evidence supports the home invasion and attempted murder convictions. We affirm.

BACKGROUND

The following summarizes the evidence presented at trial. Bennie Byas (Byas) was asleep with his girlfriend, Josie Bankston (Bankston), in his apartment on November 17, 1982, when he was awakened by his doorbell. He went to the door and saw through the window the defendant, Jerry Johnson (Johnson), whom he knew then only as "Jerry." Johnson told Byas that his car had broken down and asked to use Byas' telephone. As Byas was opening the door, Johnson pushed it in and handcuffed Byas' left wrist. Another man, whom Byas did not know, but whom he later identified as the defendant Keith Williams (Williams), followed Johnson into the apartment.

Johnson and Williams demanded Byas' money, wallet, and keys. Byas gave them his pants which contained his wallet with $20 in it. When Byas refused to lie on the floor, Johnson hit him and told Williams to kill Byas' girlfriend, Bankston. As Williams started for the bedroom, Byas wrestled with Johnson for the gun and yelled a warning to Bankston. Williams shot Byas in the leg and arm. Johnson hit Byas with his gun; the gun discharged and a bullet grazed Byas' forehead.

Johnson and Williams fled but both were apprehended a short time later near Byas' apartment. According to the police, Williams was carrying an empty shoulder holster. Byas and Bankston identified Johnson and Williams. Anita Beck identified Johnson as the man who ran in front of her car as she drove by the apartment close to the time of the shooting.

Both Williams and Johnson admitted they came to Byas' apartment building near the time of the incident but deny they ever entered the building. Defendants Keith Williams and Jerry Johnson were convicted and sentenced as previously noted.

The defendants were brought to trial in the Markham, Illinois, court, located on the far south side of Cook County. Under Cook County circuit court rules a jury venire at Markham may be drawn from the entire county or the southern half of the county. Defendants argue that the jury venires summoned for duty in the Markham court facility are always drawn from the southern half of the county. By contrast, according to defendants, jury venires summoned to duty at the criminal court building, also located on the county's south side, are always drawn from the entire county.

Section 9.2 of "An Act in relation to jury commissioners . . ." (Act) provides that in counties containing more than one million inhabitants, jurors may be drawn from such parts of the county as are determined by court rule to be most favorable to an impartial trial and to not incur unnecessary expense or unduly burden the citizens. (Ill. Rev. Stat. 1985, ch. 78, par. 32.2.) Cook County Circuit Court Rule 0.4 (Rule 0.4) divides Cook County into three parts: Part I is composed of the entire county. Parts II and III are composed primarily of the northern and southern halves of the county, respectively. Under Rule 0.4, prospective jurors are summoned to jury service to a facility within that part of the county from which their names were drawn.

Defendants argue that the jury selection process used at their trial denied them due process and equal protection. (U.S. Const., amends. V, XIV.) Defendants contend ...


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