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03/31/88 the People of the State of v. Montgomery Angelly

March 31, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

MONTGOMERY ANGELLY, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

521 N.E.2d 306, 167 Ill. App. 3d 477, 118 Ill. Dec. 238 1988.IL.482

Appeal from the Circuit Court of Saline County; the Hon. C. David Nelson, Judge, presiding.

APPELLATE Judges:

JUSTICE KARNS delivered the opinion of the court. HARRISON, P.J., and WELCH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KARNS

Defendant, Montgomery Angelly, was convicted by a jury of attempted murder, armed violence, aggravated battery, armed robbery, and theft. The circuit court of Saline County entered judgment only on the attempted murder and armed robbery verdicts, sentencing defendant to 30 years' imprisonment on each, to be served concurrently. The court further ordered defendant to pay costs and restitution of $10,000. We affirm the judgment of the circuit court.

During the evening of October 28, 1985, at approximately 6:30 p.m., the victim, Lee Wilson, ran into defendant, a longtime acquaintance, at the Eagles Club in Harrisburg, Illinois. The two sat at the bar and talked and drank beer until sometime between 9:30 and 10 p.m. Wilson asked defendant to give him a ride to the Uptown Motel so he could get a room and pick up the key before the office closed. Defendant drove Wilson to the motel in his car, a white Ford with military reserve plates. They then got something to eat and returned to the Eagles, where they drank until closing at 12:30 a.m.

After the Eagles closed, the two men decided to get more beer. They drove in defendant's car to a liquor store, then to another tavern, both of which were closed. They proceeded to defendant's house in Carrier Mills. Defendant went inside and returned with a couple of cans of Busch beer. Defendant then drove back to Harrisburg and out to some mine property which his brother owned. There the two talked and drank until the beer was gone. They drove back to defendant's house to get more beer. Defendant went inside and returned with a 12-pack of beer and some food. They then drove back out to the mine because defendant told Wilson he needed to pick up some money he had hidden there. Defendant stopped at a metal shed where the money was supposedly hidden. The two men went inside to get the money. Because it was too dark, Wilson returned to defendant's car to get some matches. As he came around the side of the car, Wilson found defendant facing him with a gun. Defendant stated he had to have Wilson's money and then began shooting. Wilson pleaded with defendant to stop while he tried to dodge the bullets. Wilson received four gunshot wounds before defendant ran out of bullets. Wilson told defendant it was not worth it and started praying. Defendant again asked Wilson for his money. Wilson reached in his pocket and handed over $900. Wilson asked defendant to take him to a hospital. Defendant answered, "One part of me wants to and the other part won't let me." Defendant then gave Wilson a beer.

Several hours went by during which Wilson kept talking to defendant about their being friends and how he would not tell anyone defendant shot him. By this time trucks started driving down the road by the mine. After they passed, defendant helped Wilson to the car. Defendant then drove toward Pankeyville. Upon coming to a wooden bridge in the area, defendant stopped the car and ordered Wilson to get out. Defendant further informed Wilson he would kill him if he told anyone about the shooting. Defendant got back in the car and drove off the way they had come.

Wilson started walking until he came upon a residence. Because dogs started barking, the woman living there came out to investigate. Wilson told her he had been shot and needed help. After the woman verified he had been shot, she drove him to Harrisburg Medical Center. On the way to the hospital, Wilson initially told her he had been robbed and shot by several blacks. He later told her defendant, or as she understood it, Monty English, shot him. Wilson also described to her defendant's car. At the hospital, Wilson first refused to tell the police who shot him, but eventually stated defendant had shot and robbed him of $900 about 1:30 in the morning. Wilson had bullet wounds to the chest, right hand, right forearm and liver, all of which the examining physician believed to be fresh.

The police arrested defendant that morning, and after searching his house, found a pair of jeans with blood on them in a clothes dryer, boots with blood on them in the garage, and a .38 caliber revolver and five discharged cartridge casings in a dresser drawer. Defendant's car had blood on the right front passenger seat and armrest and on the driver's door. At the mine site, the police found a Busch beer can sitting on a stool inside a shed and some matchbooks. The site was not otherwise processed because it had been raining all day. A forensic scientist testified the blood found on the various items could have come from Wilson, but not from defendant.

Defendant testified he and Wilson were drinking at the Eagles Club that evening. His version of the events up until the time the Eagles closed parallels Wilson's. It is after they left the Eagles for the second time that their stories differ. Defendant claims he simply dropped Wilson off outside his motel. He then proceeded home, arriving around 12:30 a.m., got something to eat and went to bed. The next thing he knew he was awakened by the police in the morning. Defendant consistently denied any involvement in the shooting or robbery. The jury, however, found defendant guilty on all counts.

Defendant raises 12 issues on appeal, primarily pertaining to three areas: the State's expert testimony, the prosecutor's closing argument, and his sentence. None of the alleged errors, if errors at all, require reversal in this instance.

Defendant first argues the testimony pertaining to the forensic testing of bloodstains found on his car and clothing should not have been allowed. Defendant argues the foundation for the analysis evidence was insufficient to ...


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