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09/17/87 the People of the State of v. Gregory Goins

September 17, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GREGORY GOINS, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

515 N.E.2d 195, 161 Ill. App. 3d 541, 113 Ill. Dec. 386

Appeal from the Circuit Court of Cook County; the Hon. Ronald Crane, Judge, presiding. 1987.IL.1360

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. McMORROW, P.J., concurs. JUSTICE JIGANTI, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Following a jury trial, defendant Gregory Goins was convicted of two counts of armed robbery and sentenced to concurrent terms of eight years' imprisonment. He appeals, contending: (1) the police lacked probable cause to arrest him and the trial court erred in denying his motion to quash arrest; (2) his confession was tainted by the illegal arrest; (3) his confession was coerced and involuntary because police arrested his younger brother and put him in a cell next to defendant's and thereby obtained a statement that he would not otherwise have given; and (40) there was only one act of armed robbery and his conviction on the second count should be vacated and the cause remanded for resentencing.

Background

On February 16, 1984, an armed robbery occurred at a Saxon paint store in Park Forest, Illinois. Before trial, Goins filed a motion to quash arrest and a motion to suppress statements.

At the hearing on the motion to suppress, Officer Theodore Peck testified that he was one of the officers who went to Goins' home to arrest him. He had reviewed an investigative report prepared by another officer. The report contained a physical description of the suspects and the names "I.C". and "Zeke" Goins as possible suspects, along with a possible address. Peck knew that Goins and his brother Michael fit the descriptions from prior contract with them and he was aware that their friends commonly referred to them as "I.C." and "Zeke." Peck's information was that I.C. or Zeke had been seen in the vicinity of the paint store at the time of the robbery.

Peck and other officers went to the address listed in the report, which he knew to be Goins', and saw him walking toward a parking lot in the apartment complex. He was arrested, given his Miranda warnings, and taken to the Park Forest police station.

According to Peck, at the station Goins denied knowledge of the armed robbery. No further conversation was held at that time and no one threatened or struck Goins. Peck further testified that the person who gave police information on the armed robbery suspects was a citizen of Park Forest with no criminal background.

Officer Maeyama testified that he was on duty the evening of February 17, 1984, when Goins called to him from the lockup. He said he wanted to talk. The officer reminded him that he had invoked his right to remain silent but Goins persisted. He said he understood his rights and waived them. Goins and Maeyama then had a conversation about the robbery of the paint store, after which Peck talked to Goins, also.

Michael Goins, the defendant's brother, testified on behalf of the defense during the motion to suppress. He said that on February 17, 1984, police officers came to his house and asked him to accompany them to the police station. He testified that he was handcuffed even though he was going voluntarily.

At the station, Michael was questioned and then locked in a cell, having been charged with armed robbery of the paint store. When he realized that he was in a cell that adjoined that of his brother, he spoke with Goins. Michael told him what had happened and denied having anything to do with the robbery. Goins then told him not to worry and that he could get him out of the situation.

Goins called Officer Maeyama to the cell and gave him a statement confessing to the crime. He also stated to the police and an assistant State's Attorney that he had not been coerced or threatened and that he made the statement in response to his conversation with his brother.

Michael was released after being put in a lineup.

Goins testified during his motion to suppress that he would not have made the statement if Michael had not been arrested and told he ...


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