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May 13, 1997


Appeal from the Circuit Court of Du Page County. No. 94--CF--1370. Honorable Ronald B. Mehling, Judge, Presiding.

Released for Publication June 17, 1997.

The Honorable Justice Colwell delivered the opinion of the court. Doyle and Thomas, JJ., concur.

The opinion of the court was delivered by: Colwell

JUSTICE COLWELL delivered the opinion of the court:

Defendant, Jacqueline Brackett, appeals her conviction of aggravated robbery (720 ILCS 5/18--5 (West 1994)). Defendant contends that (1) the aggravated robbery statute is unconstitutionally vague and (2) she was not proved guilty beyond a reasonable doubt. We affirm.

Suzanne Cooke was working at a McDonald's on 75th Street on June 25, 1994. At about 11:20 p.m., she heard the tone for the drive-through window, but no order was placed. As Cook opened the window she saw a black female wearing sunglasses and driving an older, maroon car. The woman in the car had a coat draped over her arm. Underneath the coat "she had her finger pointed like there was a gun." The woman announced a robbery.

Cooke took money from the register and attempted to hand it to the robber "in a messy pile." However, the woman instructed her to put the money in a bag. Cooke found a souvenir hat from a World Cup soccer promotion, put the money inside, and placed the hat in a clear plastic bag. As the car left McDonald's and turned right onto 75th Street, Cooke noticed that its license plate number began with either "KIF" or "KIP." Cooke reported the robbery to her manager. After taking about five minutes to close the restaurant, the manager called the police.

Cooke described the robber as wearing a purple shirt and having short hair pulled back. She had a gap in her teeth. The coat wrapped over the woman's arm was inside-out and had a white quilted lining.

Raymond Moeller, a Woodridge police officer, saw a car make an illegal left turn across two lanes of traffic onto 75th Street, near the McDonald's, at 11:23 p.m. He stopped the car, a maroon Buick with license plate number KIP 536. He recognized the driver, a black female wearing a purple shirt, as someone he had stopped two days before. After a brief conversation, Moeller decided against issuing any tickets.

Four or five minutes later, Moeller received a dispatch about a robbery at the McDonald's. The description of the car matched that of the one he had just stopped. At about 1:30 a.m., he went to defendant's address and asked her to accompany him to the police station.

Officer Chris Marema responded to the report of the robbery. He learned that Officer Themos had located, at a nearby apartment complex, a car similar to that used in the robbery. Its license plate number was KEP 536. Marema went there and found the car next to a dumpster. The police brought Cooke to the complex, where she identified the car as the one used in the robbery.

Several officers kept the car under surveillance. At about 1:20 a.m., a black woman approached the car. She said that the car belonged to a friend of hers and provided the officers with an address in Bolingbrook. Marema, Moeller, and Detective Bohm went to the Bolingbrook address and spoke to a woman. She identified herself as the mother of the person for whom they were looking. She summoned defendant, who agreed to accompany the officers to the police station. Moeller recognized defendant as the woman he had stopped earlier that night.

The officers took Cooke to the Woodridge police station to help prepare a computer sketch of the suspect. After it was completed, the police informed her that they had someone in custody. Cooke thereafter saw defendant behind a window from about two feet away. Cooke "pretty much recognized her," but could not make a positive identification. Later, the officers had the suspect read some words from a paper. Cooke then noticed the gap in her teeth and positively identified defendant as the robber.

After Cooke identified defendant in the second showup, Marema told defendant that she had been identified. Defendant denied being involved. She said that the car had been having mechanical problems, and she had left it at the Woodridge apartment complex to have some work done on it. Her brother had been driving the car recently, but no one had driven it on the night in question.

Marema recovered $90 from defendant's purse. Defendant signed a consent-to-search form for the car and accompanied the officers back to the apartment complex, where she gave Marema keys for the car. Inside the car, he found a pair of sunglasses similar to the ones Cooke had described and a note ...

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