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08/31/89 the People of the State of v. Walter Hollen

August 31, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

WALTER HOLLEN, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

543 N.E.2d 1069, 187 Ill. App. 3d 675, 135 Ill. Dec. 501 1989.IL.1360

Appeal from the Circuit Court of Du Page County, the Hon. John Bowman, Judge, presiding; appeal from the Circuit Court of Lake County, the Hon. John Goshgarian, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. UNVERZAGT, P.J., and NASH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Defendant, Walter Hollen, brought five separate appeals from convictions in the circuit court of Du Page County and the circuit court of Lake County. In case No. 2 -- 88 -- 0109, defendant appeals his conviction of armed robbery from the circuit court of Du Page County. In case Nos. 2 -- 88 -- 0110, 0111, and 0112, defendant appeals his convictions on three counts of armed robbery from the circuit court of Lake County. In case No. 2 -- 88 -- 0113, defendant appeals his convictions of home invasion and armed violence from the circuit court of Lake County. These matters have been consolidated for Disposition. Defendant raises three issues on appeal. Defendant first argues that the trial courts erred in denying his motions to suppress post-arrest statements and evidence obtained through those statements on the basis that the statements were involuntary. Defendant also argues that his convictions from the circuit court of Lake County should be remanded for resentencing on the basis that the court improperly considered defendant's receipt of proceeds from the armed robberies as an aggravating factor in sentencing. Finally, defendant argues that, should this court reverse his convictions from either county, his remaining convictions should be remanded for resentencing since each court referred to his convictions from the other during sentencing. We affirm.

In case No. 2 -- 88 -- 0109, defendant was convicted of armed robbery following a stipulated bench trial in Du Page County. At a subsequent stipulated bench trial in Lake County, defendant was convicted of home invasion, armed violence, and three counts of armed robbery in case Nos. 2 -- 88 -- 0110, 88 -- 0111, 88 -- 0112, and 88 -- 0113. In case No. 2 -- 88 -- 0109, the circuit court of Du Page County sentenced defendant to 25 years' imprisonment. In the remaining cases, the circuit court of Lake County sentenced defendant to 30 years' imprisonment to be served consecutive to the Du Page County sentence. Prior to each trial, defendant brought a motion to suppress statements and evidence. The facts necessary for an understanding of our Disposition can be summarized from the hearings on the motions to suppress brought in the respective actions.

CASE NO. 2 -- 88 -- 0109

The following evidence was presented at the hearing on the motion to suppress in the circuit court of Du Page County. On March 12, 1987, at approximately 1:10 a.m., Sergeant David Klenepaste of the Roselle police department received a call concerning an armed robbery at a gas station. Klenepaste proceeded to the area of the robbery and observed a subject wearing dark clothing standing behind some bushes. Klenepaste gave chase when the subject fled, but subsequently lost sight of him. At approximately 2:12 a.m., Klenepaste saw the same subject again. The subject walked around the corner of a house with his hands in the air and called out to Klenepaste. Klenepaste directed the subject to lie face down on the ground, and fellow Roselle police officer Robert Thomas conducted a pat-down search. The subject said that his shoulder was in pain and told the officers that he had fallen over a brick retaining wall. Both officers identified defendant as the subject they stopped and searched.

Klenepaste and Thomas testified that they observed defendant "wince" in pain and summoned an ambulance. Due to defendant's complaints of shoulder pain, Klenepaste handcuffed only one of defendant's hands. Klenepaste testified that he then read defendant his Miranda rights from a card and defendant stated that he understood those rights. An ambulance arrived within approximately five minutes of the call, and Klenepaste left defendant in the custody of Thomas and another police officer, George Kasnick.

Thomas testified that the paramedics initially treated defendant on the ground and then placed him on a stretcher and into the ambulance. Thomas stated that he entered the ambulance with defendant and asked him whether he recalled his rights as read to him by Klenepaste. Thomas stated that defendant replied in the affirmative but made no statement at that time. Thomas testified that he asked defendant the time and that defendant looked at his watch and stated the correct time. Thomas then asked defendant where he had left his mask, gun, and money. Defendant responded that the items were left in a parking lot. Thomas then exited the ambulance to search the parking lot, while Kasnick remained in the ambulance with defendant.

Fireman-paramedic Burt Lancaster testified that he received a call for his advanced life support system ambulance at approximately 2:13 a.m. and arrived at the scene at 2:18 a.m. Lancaster examined defendant, took his vital signs, and placed a triangular bandage on his shoulder for a splint, while another paramedic examined defendant's knee and placed ice on it. Lancaster stated that the treatment took approximately 8 to 10 minutes. Shortly thereafter, a basic life support system ambulance arrived, and the paramedics transferred defendant to the second ambulance. Lancaster stated that he did not delay or withhold treatment from defendant and was not instructed to do so.

Officer George Kasnick of the Roselle police department testified that he arrived at the scene as Thomas and Klenepaste were arresting defendant. Kasnick stated that defendant was read his rights and an ambulance was called because defendant complained of shoulder and knee injuries. Kasnick further testified that he remained in the ambulance with defendant throughout his treatment. Kasnick testified that his conversation with defendant continued contemporaneously with the treatment rendered by the Roselle fire department personnel. Kasnick stated that he asked defendant if he would show the police exactly where the gun and the money from the armed robbery were located. Kasnick testified that the ambulance transporting defendant drove to a parking lot and defendant told him that the gun, the money, and the mask were hidden beneath a red automobile in the lot. Kasnick relayed this information to Thomas, and the ambulance then proceeded to the hospital.

Daniel Schmidt, a fire fighter and emergency medical technician in the basic life support system ambulance, testified that he received an ambulance call at approximately 2:15 a.m. Upon review of the dispatch records, Schmidt stated that his ambulance arrived at the scene at 2:26 a.m. Schmidt testified that he and a fellow EMT, John Niemman, talked with defendant and obtained his history. Schmidt recalled Kasnick asking defendant if he could tell him where he had put the gun, the money, and the mask, and defendant answering that he could. Schmidt stated that defendant appeared to be relaxed. Schmidt testified that the ambulance left for the hospital at 2:48 a.m. and arrived at 2:56 a.m. Schmidt testified that the ambulance first drove through a parking lot at Kasnick's request, but stated that the detour resulted in a delay of only 30 to 60 seconds. The remaining fire fighters' testimony corroborated that of Kasnick and Schmidt.

Sergeant Olliges, a detective with the Roselle police department, stated that he arrived at Alexian Brothers Hospital at approximately 3:45 a.m. Olliges testified that defendant was released at 4 a.m., whereupon Olliges transported defendant and Kasnick to the Roselle police station. Olliges testified that he advised defendant of his Miranda rights at the police station. The trial court sustained defendant's objection to further testimony regarding Olliges' conversations with defendant at the police station. Defendant noted that any questioning after defendant left the hospital was beyond the scope of his motion to suppress. Olliges' remaining testimony revealed that defendant was given aspirin by a Roselle police officer at approximately 6:30 a.m.

Defendant subsequently testified that he was arrested by a Roselle police officer in the early morning hours of March 12, 1987. At the time of his arrest, defendant was suffering from previously sustained injuries to his shoulder and knee. Defendant conveyed this information to the police officer. Defendant stated that the police officer told him to "hit the ground," and then put his knee on defendant's back and grabbed his right arm to handcuff it. Defendant stated that he remained on the ground approximately five minutes before an ambulance arrived. The police then handcuffed him to a stretcher. Defendant testified that a police officer continuously questioned him about the location of a gun, to which he denied any knowledge. Defendant stated that the officer told him that the sooner he revealed the location of the gun the sooner they would leave. Defendant testified that this conversation took place in the first of two ambulances. Defendant stated that he was in the first ambulance approximately 10 minutes during which time the ambulance staff checked his vital signs but did not render any treatment. Defendant testified that he made continuous requests to see a doctor or to obtain medication for his pain but was told by the paramedics that they were unable to do anything and that he would have to wait until he saw a doctor. Defendant said that he did not remember being placed into a second ambulance; however, he did recall being transported to the hospital. Defendant testified that the ambulance took a detour into a parking lot that lasted approximately three minutes. Once in the parking lot, the ambulance door opened, and the ...


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