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05/03/95 PEOPLE STATE ILLINOIS v. HOWARD WILSON

May 3, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
HOWARD WILSON, DEFENDANT-APPELLANT.



Appeal from Circuit Court of McLean County. No. 92CF631. Honorable Charles W. Witte, Judge Presiding.

Released for Publication June 6, 1995. As Corrected May 31, 1995.

Honorable Robert J. Steigmann, J., Honorable Carl A. Lund, J., Honorable John T. McCULLOUGH, J., Concurring

The opinion of the court was delivered by: Steigmann

JUSTICE STEIGMANN delivered the opinion of the court:

In September 1992, the State charged defendant, Howard Wilson, with three counts of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-1(a) (now 720 ILCS 5/9-1(a) (West 1992))) and one count each of armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18-2(a) (now 720 ILCS 5/18-2(a) (West 1992))) and perjury (Ill. Rev. Stat. 1987, ch. 38, par. 32-2 (now 720 ILCS 5/32-2 (West 1992))). In March 1993, a jury convicted defendant of all three counts of first degree murder and the perjury allegation. In April 1993, the trial court sentenced defendant to three concurrent terms of natural life in prison for the first degree murder counts and a concurrent term of five years in prison on the perjury conviction.

Defendant appeals, arguing that (1) the trial court erred in denying his motion to dismiss for violation of section 103-5 of the Code of Criminal Procedure of 1963 (Procedural Code) (Ill. Rev. Stat. 1991, ch. 38, par. 103-5 (now 725 ILCS 5/103-5 (West 1992))), commonly referred to as the speedy trial statute, (2) the trial court erred in denying his motion to dismiss based upon two purported immunity agreements, (3) the trial court erred in denying his motion for a change of venue, (4) the trial court erred in denying his motion to recuse the prosecutors, (5) the State exercised a peremptory challenge in a racially discriminatory manner, (6) the trial court erred in granting four of the State's motions in limine, and (7) the State failed to prove him guilty of first degree murder beyond a reasonable doubt.

We affirm.

I. BACKGROUND

The charges against defendant arose out of the October 1988 robbery and murders of three individuals at the S & S Liquor store in Bloomington, Illinois. During the S & S Liquor store murders, two men entered, robbed the store, and killed three individuals inside. Those two men, Glenn Wilson and Alvin Alexander, are defendant's half-brothers. The State's theory of the case was that defendant participated in the preparation of the robbery, perhaps drove a get-away car, and may have acted as a lookout at the scene. During trial, the State presented dozens of witnesses, stipulations, and exhibits, and the defense called 12 additional witnesses, including defendant. Before trial, the court dismissed the armed robbery count on statute of limitations grounds, and the jury returned guilty verdicts on the three counts of first degree murder and one count of perjury.

II. ANALYSIS

A. Speedy Trial

The material in this section is not to be published pursuant to Supreme Court Rule 23. Official Reports Advance Sheet No. 15 (July 20, 1994), R. 23, eff. July 1, 1994.

[THE FOLLOWING MATERIAL IS NOT TO BE PUBLISHED PURSUANT TO SUPREME COURT RULE 23.]

[THE PRECEDING MATERIAL IS NOT TO BE PUBLISHED PURSUANT TO SUPREME COURT RULE 23.]

B. The Purported Immunity Agreements

The material in this section is not to be published pursuant to Supreme Court Rule 23.

[THE FOLLOWING MATERIAL IS NOT TO BE PUBLISHED PURSUANT TO SUPREME COURT RULE 23.]

[THE PRECEDING MATERIAL IS NOT TO BE PUBLISHED PURSUANT TO SUPREME COURT RULE 23.]

C. Change of Venue

The material in this section is not to be published pursuant to Supreme Court Rule 23.

[THE FOLLOWING MATERIAL IS NOT TO BE PUBLISHED PURSUANT TO SUPREME COURT RULE 23.]

[THE PRECEDING MATERIAL IS NOT TO BE PUBLISHED PURSUANT TO ...


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