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12/26/96 PEOPLE STATE ILLINOIS v. STANLEY DAVIS

December 26, 1996

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
STANLEY DAVIS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County. No. 92--CR--7286. Honorable James Schreier, Judge Presiding.

Released for Publication February 13, 1997.

The Honorable Justice Cerda delivered the opinion of the court. Tully, P.j., and Gallagher, J., concur.

The opinion of the court was delivered by: Cerda

JUSTICE CERDA delivered the opinion of the court:

Following a jury trial, defendant, Stanley Davis, was convicted of two counts each of armed robbery (720 ILCS 5/18-2 (a) (West 1992) and unlawful restraint (720 ILCS 5/10-3.1 (West 1992) in connection with the robbery of a jewelry store, and was sentenced to 25 years' imprisonment. On appeal, defendant asserts that (1) the trial court improperly admitted hearsay testimony; (2) the trial court erred in allowing testimony that he had a police record and used an alias; (3) the State's eyewitness testimony was improperly bolstered; (4) cumulative errors denied him a fair trial; and (5) he did not receive effective assistance of counsel. For the following reasons, we affirm.

Enis Cirkic, who owned Ennes Jewelers at 2356 W. Devon Street in Chicago, testified that at 5:50 p.m. on December 2, 1991, he was working with his wife, Enisa, his son, Elvis, and an employee named Idhan Tahirovic. Entering the store from the street, there were glass jewelry showcases on the left side, right side, and at the back wall. Defendant came into the store and went to the back showcase, which contained diamond rings. He was wearing a short fur jacket, expensive-looking boots, expensive jewelry, a watch, and a brown cap. He asked Enisa several questions about the jewelry before Enis started talking with him. Two or three minutes later, while defendant was looking at a diamond ring, Idhan let another man into the store.

Defendant's partner walked between the left and right showcases before drawing a gun, using it to motion to Idhan and Elvis. As he told them, "move" or "let's go," defendant stepped back, put a yellow leather bag on the floor, and put his fur jacket on a chair behind the back showcase. He then told Enis, "Be quiet and move from the showcase." Defendant jumped over the showcase by putting both his hands on the showcase, then took handcuffs and silver duct tape from the leather bag. He threw the handcuffs to the gunman, who put them on Enisa and Idhan. After the gunman told the victims to get on their knees, he instructed Elvis to handcuff himself to Enis.

Defendant started to take the jewelry from a showcase while the gunman searched the victims and took $80 from Enis. When a bus stopped in front of the store, defendant instructed the gunman to take the victims to the back room, where they sat on the floor. Defendant stayed in the front of the store.

The gunman closed the door to the back room and instructed Elvis to tape his legs. While he was checking to see if Elvis had complied, Enis jumped him and grabbed his hands. They struggled for the gun, which went off. All the victims jumped at the gunman and got him to the ground. He had been shot and died as a result of the wound.

Enis slowly went to the front of the store to see if defendant was still there. When the victims realized that defendant was gone, Elvis ran across the street to call the police. Three days later, Enis viewed a lineup from which he could not identify anyone. However, on March 12, 1992, he identified defendant from another lineup.

The testimony of Enisa, Elvis, and Idhan was substantially the same as Enis's testimony. All three victims identified defendant at the March 12, 1992, lineup and in court.

Officer Stanley Mocodlo, a latent fingerprint examiner for the Chicago Police Department, identified the three palmprints found at the robbery scene as defendant's.

Chicago police detective William Baldree, investigated the robbery, testified that he received information about the robbery from four informants. Based on that information, he went through the Secretary of State's computer system with the partial license plate number of "XUF" and the name Stanley, which led him to defendant, who owned a car similar to the one police were seeking. Baldree got defendant's picture because he had a police record and showed it to Enisa and Idhan along with four other photographs. Based on their identification of defendant from the photo array, Baldree obtained an arrest warrant for defendant.

The State presented testimony from the victims of two similar jewelry store robberies, which had occurred in October and November 1991. One of the eyewitnesses testified that defendant and another robber left the scene in a small silver Chevy. The eyewitness from the third ...


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