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09/26/95 PEOPLE STATE ILLINOIS v. JUAN ACEVEDO

September 26, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JUAN ACEVEDO, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Kane County. No. 92-CF-652. Honorable F. Keith Brown and Melvin E. Dunn, Judges, Presiding.

Petition for Leave to Appeal Denied January 31, 1996.

The Honorable Justice Bowman delivered the opinion of the court: Thomas and Hutchinson, JJ., concur.

The opinion of the court was delivered by: Bowman

JUSTICE BOWMAN delivered the opinion of the court:

Defendant, Juan Acevedo, appeals his conviction of perjury (Ill. Rev. Stat. 1991, ch. 38, par. 32-2 (now 720 ILCS 5/32-2 (West 1992)) and sentence of five years' imprisonment. We affirm.

On October 10, 1991, defendant testified as a witness during the murder trial of Robert Ranjel, also known by the nickname of "Droopy." Ranjel was found not guilty of murder. Defendant was charged with two counts of perjury based on his testimony in the murder trial. The first count was based on the following exchange between the prosecutor and defendant:

"Q: At that time did you tell Wayne Biles, along with Investigator Powell of the Aurora Police Department, that a few minutes after Psycho [Alberto Gonzalez] got shot, Droopy, Loco, and Bam-Bam came by dressed in black with paint on their faces?

A: No, I didn't."

The second count of perjury was based on the following exchange:

"Q: Did you say--did you tell Detective Anderson on that date that you heard shots fired from the direction of Psycho's house, and five to ten minutes later Droopy, Loco, and Bam-Bam arrived with faces painted and they asked if they could wash 'em off at your place, did you tell him that, or words to that effect?

A: No, I didn't."

At defendant's trial for perjury, the State called Gregory Anderson of the Aurora police department. Anderson testified that on November 11, 1990, while investigating the murder of Alberto Gonzalez, he interviewed defendant. Anderson testified that defendant told him the following. Defendant was home on the night of the murder and he heard shots from three blocks away. Five to ten minutes after the shots, Bam-Bam, Loco, and Droopy came to defendant's house to wash paint from their faces. Defendant told them to leave when they were done.

Wayne Biles, a vice and narcotics officer with the Aurora police department, testified that he questioned defendant about the Gonzalez murder on November 4, 1990. With Investigator William Powell of the Aurora police department present, defendant stated that on Halloween 1990, a few minutes after Psycho was shot, Droopy, Loco, and Bam-Bam drove to the back of defendant's home and got out of their car. They were all dressed in black with their faces painted. Investigator Powell testified to substantially the same facts as Biles. The prosecution rested. The trial court denied defendant's motion for a directed verdict. The defense rested. The trial court denied defendant's second motion for a directed verdict.

The trial court found defendant guilty on count I and not guilty on count II. On November 24, 1993, after denying defendant's motion for a new trial, the trial court sentenced defendant to five years' imprisonment. On December 22, 1993, the trial court denied defendant's motion ...


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