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12/15/89 the People of the State of v. K.D. Craig

December 15, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

K.D. CRAIG, DEFENDANT-APPELLANT

FOLLOWING A BENCH TRIAL, DEFENDANT, K.D. CRAIG, WAS CONVICTED OF ONE COUNT OF ARMED ROBBERY (ILL. RE

v.

STAT. 1987, CH. 38, PAR. 18-2A) AND WAS SENTENCED TO SIX YEARS' IMPRISONMENT.



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

548 N.E.2d 686, 192 Ill. App. 3d 232, 139 Ill. Dec. 301 1989.IL.1958

Appeal from the Circuit Court of Cook County; the Hon. Will E. Gierach, Judge, presiding.

APPELLATE Judges:

JUSTICE LORENZ delivered the opinion of the court. MURRAY, P.J., and PINCHAM,* J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

We affirm. The following facts are pertinent to our decision.

William J. Maza, the complainant, was also the sole occurrence witness. Maza testified that the incident at issue occurred on November 8, 1986. At approximately 3 p.m. on that date, Maza was in his car and was stopped at a traffic light at the intersection of 14th Street and Wentworth Avenue in Chicago. Maza stated that as he waited for the light to change, an older model Oldsmobile driven by defendant pulled up next to his car in the lane to his left. Maza stated that he recognized defendant and knew defendant as K.D. Maza testified defendant exited his vehicle and walked around the front of his car to the driver's side of Maza's car. There was no window on the driver's side door of Maza's car. Maza stated defendant reached in the waistband of his trousers, pulled out a revolver, placed the gun to Maza's head, and demanded his money. Maza stated he handed defendant $190 and defendant told him, "We're even." Maza testified he drove directly to the Chicago Heights police station, where he told officers that a man named K.D. robbed him at gunpoint.

Maza testified that three days later, he identified, for Chicago Heights police, photographs of defendant and defendant's car. Maza also subsequently identified defendant in a five-man lineup at the Chicago Heights police station.

During direct testimony, Maza admitted that five years prior to the incident, he was using heroin, but he had not used heroin since that time.

Several inconsistencies existed in Maza's testimony.

During cross-examination, Maza admitted that after the incident, he described the assailant to police officers as being a 35- to 40-year-old black male, standing 5 feet 9 inches tall, and weighing 170 pounds. However, when Maza identified the defendant in court as his assailant, he admitted defendant was approximately 6 feet 3 inches tall and weighed more than 170 pounds.

Maza admitted he told police officers that defendant had driven a red, 1967 or 1968 model, four-door Oldsmobile. However, the car Maza identified as defendant's from photographs was actually a maroon, 1976 model, two-door Oldsmobile.

Maza also testified that after defendant placed the revolver to Maza's head, defendant ordered, "Give me your money, mother-fucker." However, both Mark J. Obregon and Robert F. Pinnow, members of the Chicago Heights police force, testified that when interviewed after the incident, Maza stated defendant had said only, "Give me your money." Maza had told Pinnow that defendant had said, "We're even, motherfucker," after Maza handed the money over to the defendant.

Maza stated that the $190 stolen from him was a cash payment he received on the morning of November 8, 1986, from Raul Rivera for work Maza performed for Rivera's landscaping business. However, Rivera stated he did not pay Maza $190 on November 8, 1986, and, in ...


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