Appeal from the Circuit Court of Cook County. Honorable William J. Hibbler, Judge Presiding.
Petition for Leave to Appeal Denied June 2, 1994.
The opinion of the court was delivered by: Tully
PRESIDING JUSTICE TULLY delivered the opinion of the court:
This case arises out of an armed robbery which was later reduced to the charge of robbery. Following a jury trial, defendant receivedan extended term sentence of 12 years' imprisonment. Defendant appeals both the verdict and his sentence.
Donna Baisten, 23 years old, testified that around 4:30 p.m. on the evening of July 9, 1989, she was walking alone on South 28th Street in Chicago, approaching Michigan Avenue. A man she later identified as the defendant crossed from the opposite side of the street, put a hard object against her back and demanded everything she had. When she said she had no money he asked for her ring. When she turned around to take off her ring, she recognized the defendant as the man she had earlier seen cross the street. At this time she also saw a gun handle. Defendant then patted her pockets and removed $40. Defendant told her not to run for help or go to the police, before he started walking toward the lake. Baisten then saw a gun in defendant's hand.
Later as Baisten was walking with the police through the station, she saw the defendant sitting in the youth office and she pointed him out as the man who had robbed her.
Over defense objections, Myrna Everett was allowed to testify about defendant's arrest for another crime. On July 9, 1989, she was visiting her parents home at 2729 South Michigan when she heard her sister's friend, Keisha Parks, screaming with bits of chain in her hand. There was a man walking away from her, who Everett identified as the defendant. Everett described defendant as wearing a white tee shirt, striped shorts and high top gym shoes. About one-half hour later Everett saw the man again, She followed him in her car and pointed him out to the police. They arrested defendant and retrieved pieces of gold chains from his pockets.
Defendant Lynn Williams testified that he and Donna Baisten, whom he called "Dede" had been romantically involved three months prior to the robbery. He allegedly had given her items of jewelry including a gold ring with diamonds. Three weeks prior to July 9th, the relationship had broken up. On July 9, defendant ran into Dede at 27th Street and Michigan Avenue and he asked why she had broken his father's window on July 4th. They argued and he said he wanted his clothing and other items back.
They then went to her friend's house to get the clothing, which defendant dropped off at his aunt's house. His aunt, Deborah Williams, testified defendant came to her house at noon on July 9th in order to leave a bag of clothes. He was accompanied by a woman, which she later identified in court. On July 9th, the couple "exchanged words" and stayed between five and ten minutes.
According to defendant, when they left his aunt's house he noticed Dede was not wearing his chain. She claimed her friend Terrencehad it but when they checked he did not have the chain. Defendant then got mad and asked for everything back. Soon after a fight, the defendant was arrested.
Defendant testified he never told the police he committed a robbery. He said the statement read to him by the Assistant State's Attorney was not true and he only signed it because Officer Holmes was squeezing the handcuffs around his wrist.
George Williams testified that Donna Baisten was his wife. Although they did not begin living together until the summer of 1989, they had a relationship since June of 1982. George Williams testified he gave Donna a gold engagement ring with four diamonds for Mother's Day 1989. Donna was wearing the ring on July 9. The ...