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09/21/88 the People of the State of v. Jerry Lee Lewis

September 21, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JERRY LEE LEWIS, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

529 N.E.2d 752, 175 Ill. App. 3d 156, 124 Ill. Dec. 771 1988.IL.1398

Appeal from the Circuit Court of Cook County; the Hon. Roger J. Kiley, Judge, presiding.

APPELLATE Judges:

JUSTICE RIZZI delivered the opinion of the court. WHITE, P.J., and McNAMARA, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RIZZI

Defendant, Jerry Lee Lewis, was convicted of murder and armed robbery and sentenced to consecutive terms of 40 years for murder and 30 years for armed robbery. On appeal, defendant argues that (1) the trial court erred in denying defendant's pretrial motion to suppress; (2) the consecutive sentences imposed upon defendant were improper; (3) the trial court abused its discretion when sentencing defendant by failing to give proper consideration to mitigating factors and the possibility of rehabilitation; and (4) the trial court erred in failing to afford defendant an opportunity to exercise his right of allocution. We affirm.

On October 25, 1984, Maeretha Goode and her sister, Jearlean McDuffy, were sitting in a parked car selling drugs on 5th and California Street. Two men, later identified as defendant and Eugene Davison, approached the car. Defendant approached the driver's side of the vehicle and Davison approached the passenger side. Both defendant and Davison pulled out guns. Defendant fired through the window on the driver's side of the vehicle, hitting Goode in the temple. The car pulled out in the street and hit a parked car. Davison broke the window on the passenger side and attempted to open the door. McDuffy opened the door and Davison pulled her from the car.

Both defendant and Davison searched Goode. McDuffy had escaped and went to a restaurant to call the police. As she was exiting the restaurant, she saw both defendant and Davison walking away from the car with Goode's purse and a bag that had been in the car.

Claude Benson witnessed the entire incident across the street from the parked car. Benson saw defendant and Davison draw their guns and saw defendant shoot into the car. Benson recognized defendant as a friend and as someone with whom he had attended grade school. After the shooting, Benson took Goode to Cook County Hospital but she later died from the gunshot wounds. Benson told the investigating police officers that he witnessed defendant kill Goode.

wo days after the murder, McDuffy identified defendant from several photos as the person who shot her sister in the head. Defendant was subsequently arrested and placed in a lineup. McDuffy once again identified defendant as the person who shot her sister.

While in custody, defendant gave a statement to Assistant State's Attorney Earl Grinbarg. Prior to giving his statement, defendant was read his Miranda rights and acknowledged such in his statement. According to defendant's statement, he was approached by two men who asked him if he wanted to make $5,000. These men told defendant to rob the two women selling cocaine but there was to be no shooting. Defendant and the other individual with him approached the car and bought some cocaine. The women sold the cocaine but then drove off quickly. Defendant and this other man followed the two women. When the women returned to the same spot, defendant and this man approached the car. Both defendant and the other man pulled out their guns. When defendant broke the side window of the car with the barrel of his gun, the gun went off. The car started to move and the other man pulled the passenger from the car. The car hit a parked car and both men searched it. They found about $600 and left.

Defendant was questioned as to whether he had been mistreated by the police or whether anyone had made any threats or promises to him. To both of these questions, defendant responded no.

Prior to trial, defendant made a motion to suppress this statement. Defendant alleged that he was not informed of his rights and that his statement was the result of physical and mental coercion. At the hearing, two police officers testified that they had defendant under their constant surveillance. At no time, according to the officers, was defendant beaten or threatened by anyone. Defendant testified that his statement was not voluntary because he had been beaten for 15 minutes with handcuffs and a flashlight. Medical reports from Cook County Jail and Cermak Hospital concerning defendant's health were ...


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