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06/30/97 PEOPLE STATE ILLINOIS v. TERRY JONES

June 30, 1997

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
TERRY JONES, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County. No. 94 CR 20313. Honorable James M. Schreier, Judge Presiding.

Released for Publication August 5, 1997.

The Honorable Justice O'brien delivered the opinion of the court. Buckley, J., and Gallagher, J., concur.

The opinion of the court was delivered by: O'brien

JUSTICE O'BRIEN delivered the opinion of the court:

Following a joint bench trial with his codefendant, Tony Hays, defendant Terry Jones was found guilty of vehicular invasion and thereafter sentenced to a Class X 20-year prison term. On appeal, defendant contends that (1) he was not proved guilty beyond a reasonable doubt and (2) the circuit court abused its sentencing discretion.

BACKGROUND

At trial, Carl Irps testified that on July 7, 1994, at approximately 5:30 a.m., he was waiting alone inside his van at the corner of Paulina Street and Jackson Boulevard in Chicago to begin pipefitting work in a nearby restaurant when defendant and Hays approached him. Defendant had an unlit cigarette in his mouth and motioned for a match. Irps indicated that he did not have one, whereupon defendant and Hays continued walking until they reached a stop sign at the corner. There, they stopped and continued to talk.

Defendant and Hays then turned around and walked back to Irps, who by that time had found a matchbook. Irps rolled down his window and gave defendant the matchbook. Defendant took the matchbook from Irps and lit his cigarette. According to Irps, defendant suddenly lunged at him through the open driver's side window with a "folding knife or something" and said, "I am going to cut you." Irps "bailed for" his passenger's side door, jumped out of his van and fled. Defendant and Hays followed. As he ran, Irps noticed a nearby hospital's security truck driving toward him. Irps pointed to his pursuers. The security officer driving that truck responded and began to chase defendant and Hays.

Irps further testified that he was not cut or otherwise struck by defendant.

David A. Schur, the hospital security officer who assisted Irps, testified that he was stationed on the Paulina Street bridge on July 7, 1994, in the early morning, and there saw defendant and Hays walking along Paulina toward Jackson Boulevard. According to Schur, defendant and Hays stopped in the middle of the Paulina Street-Jackson Boulevard intersection and then began walking toward a blue van. When they reached the van, defendant approached the driver's side window, reached inside and then "backed off." Schur drove closer. As he did, he saw defendant return to the front of the van and then run back toward the rear of the van. He then saw Irps running from defendant and Hays toward Van Buren Street.

Schur further testified that as Irps fled toward him, he pointed at defendant and Hays and "mumbled something about [them] trying to rob him." Schur radioed for assistance. He then got out of his truck and told defendant and Hays to stop. They did not and he gave chase.

Chicago police officer Patrick M. Finucane testified that he and his partner responded to Schur's radio call and shortly thereafter arrested defendant. Hays was later arrested by other responding officers.

Chicago police officer Daniel McWeeny testified that he spoke with Irps and Schur and then interviewed defendant. According to Detective McWeeny, ...


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