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09/30/88 the People of the State of v. William Coustin

September 30, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

WILLIAM COUSTIN, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

529 N.E.2d 89, 174 Ill. App. 3d 824, 124 Ill. Dec. 372 1988.IL.1499

Appeal from the Circuit Court of Adams County; the Hon. Carson D. Klitz, Judge, presiding.

APPELLATE Judges:

JUSTICE KNECHT delivered the opinion of the court. LUND and SPITZ, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

Defendant, Tracy Cates and his wife Mary Cates were charged by information with the August 6, 1987, armed robbery of over $2,000 cash from a McDonald's restaurant in Quincy, Illinois. The Cates pleaded guilty as part of their individual plea bargain agreements. In return for their guilty pleas, Mary was sentenced to probation and Tracy was promised a maximum term of 15 years' imprisonment.

At defendant's trial on February 9, 1988, six McDonald's employees positively identified defendant as one of the three persons involved in the robbery on August 6, 1987. The witnesses testified that shortly before closing around 11 p.m. on the night of the robbery, the defendant and two others, later identified as Tracy and Mary Cates, entered the restaurant, placed an order and sat down to eat. They were the only customers in the restaurant. While defendant placed a second order, Tracy emerged from the restroom carrying a .38 caliber long-barreled revolver. Mary left the restaurant and waited in the car.

Defendant displayed a small .25 caliber automatic pistol to the employees working at the counter, while Tracy gathered the kitchen workers. Both men directed their captives to an office in the back of the restaurant where the office manager was counting the money from food sales that night. Tracy forced the manager at gunpoint to deposit into a sack all the cash from the register drawers and vault. After defendant moved the group downstairs to the crew lounge, the trio made their getaway.

The State presented evidence defendant voluntarily made a taped statement to the police wherein he gave a detailed account of the McDonald's robbery with the Cates, and admitted his involvement, but denied being armed. At trial, defendant denied the armed robbery altogether and explained he gave the statement to the police under duress and as a result of coercion. He testified the details of the robbery were made known to him via Tracy Cates, who was bragging about the crime.

As part of the State's rebuttal case, Tracy Cates testified he robbed a Quincy McDonald's with his wife and a third person he identified as defendant. Tracy admitted he was testifying as part of a plea agreement with the State under which he was promised he would at most be sentenced to a term of 15 years for his involvement in the robbery. The co-defendant was currently serving time for a prior felony conviction of armed robbery of an Iowa McDonald's in 1983.

Despite testimony from several alibi witnesses for the defense, the jury returned a verdict of guilty. No post-trial motion was filed.

At the March 18, 1988, sentencing hearing, no evidence in aggravation or mitigation was presented. The State recommended the court give defendant a 20-year sentence while defense counsel advocated the minimum six-year term under the statute. Defense counsel compared his client's record to that of the co-defendant and noted the latter had a prior felony conviction while defendant's record was devoid of convictions, absent one for the misdemeanor offense of reckless driving. Counsel argued defendant should not receive a greater sentence than his codefendant in light of his more favorable record and the subordinate role he played in the commission of the crime. Defendant's youth was noted, as was the concern for his girlfriend and their new baby. Defendant maintained his assertion of innocence while exercising his right of allocution.

The court acknowledged the factors presented by the defense, but gave great weight to the trauma the crime must have caused the McDonald's workers who were robbed at gunpoint. Defendant was sentenced to 20 years' imprisonment in the Department of Corrections.

The Unified Code of Corrections provides that a person convicted of armed robbery, a Class X felony, shall receive a sentence of not less than six years and not more than 30 years. (Ill. Rev. Stat. 1987, ch. 38, par. 1005-8-1(a)(3).) Defendant received 20 years while his codefendant, a convicted felon, received 13 years as part of a plea agreement. The only issue for review is whether the 20-year sentence imposed on defendant for his participation in an armed ...


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