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01/28/88 the People of the State of v. Gerald King

January 28, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GERALD KING, DEFENDANT-APPELLANT

THIS IS AN APPEAL FROM A JURY TRIAL FOR A CONVICTION OF ARMED ROBBERY PURSUANT TO SECTION 18-2 OF THE CRIMINAL CODE OF 1961 (ILL. RE

v.

STAT. 1985, CH. 38, PAR. 18-2). DEFENDANT, GERALD KING, WAS SENTENCED TO SERVE 20 YEARS' IMPRISONMENT.



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

518 N.E.2d 1309, 165 Ill. App. 3d 464, 116 Ill. Dec. 329 1988.IL.101

Appeal from the Circuit Court of Kane County; the Hon. Wilson D. Burnell, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. LINDBERG, P.J., and REINHARD, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Prior to the commencement of trial, defendant filed a motion in limine to prevent the State from introducing evidence pertaining to unlawful use of a weapon and armed robbery offenses occurring at a Clark gas station several hours after the offense charged in this case. The trial court held that the unlawful use offense could not be admitted, but that the State could introduce the armed robbery offense.

The State's main witness in the case, Forrest Harrison, was a codefendant in the case. Harrison agreed to testify against defendant and plead guilty to one count of armed robbery in exchange for a sentence of six years.

At trial, Harrison testified as to the events surrounding and including the robbery of the Valley View Liquor Store (liquor store) and also testified as to a later robbery of a Clark gas station in Elgin committed by defendant, himself, and one other person. Furthermore, Harrison testified that he had given a detailed statement to Detective Mark Brictson before he was placed under arrest and before a plea bargain had been offered.

Elmerio Dotdot, owner of the liquor store, also testified concerning the robbery of the liquor store. Dotdot identified defendant as one of two men who had committed the robbery.

Further testimony from another witness was also admitted concerning the robbery at the Clark station.

Detective Brictson testified that on March 12, 1985, he interviewed Forrest Harrison. At that time, Harrison was not under arrest and was not charged but was told that he was suspected in both the Valley View Liquor Store and Clark station robberies. Harrison told Brictson that defendant asked Harrison to participate in an armed robbery at the liquor store. They drove to the liquor store, and both men entered. Harrison indicated that he had held the shotgun during the armed robbery.

Following the State's case, defense counsel made an oral motion in limine concerning defendant's expected testimony. Counsel requested that the court restrict the State from cross-examining on any activity subsequent to the liquor store robbery and indicated that defendant would take the fifth amendment if asked questions about subsequent events. The trial court ruled that if defendant denied any knowledge of the Valley View armed robbery, he would be open to cross-examination on the Clark station robbery because that offense was relevant to the issue of knowledge. Defense counsel stated that defendant would not testify because of that ruling.

At the close of trial, the jury returned a verdict of guilty, and defendant was sentenced to 20 years' imprisonment. Defendant timely appealed.

Defendant initially contends that the trial court committed reversible error when it allowed into evidence a prior consistent statement of Harrison. In response, the State contends that this issue was waived by defendant when defendant's trial counsel admitted at trial that the law did allow for admittance. The State further contends ...


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